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1986 DIGILAW 576 (SC)

Sheela Barse v. Union Of India

1986-11-21

P.N.BHAGWATI, RANGANATH MISRA

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ORDER 1. In this writ application relating to detention of children below the age of 16 years this Court has made directions from time to time. On April 15, 1986, the court expressed its concern about the state of affairs relating to children under detention and directed : The District Judge in the country to nominate the Chief Judicial Magistrate or any other Judicial Magistrate to visit the District Jail and Sub-Jail in their districts for the purpose of ascertaining how many children below the age of 16 years are confined in jail, what are the offences in respect of which they are charged, how many of them have been in detention - whether in the same jail or previously in any other jail - before being brought to the jail in question, whether they have been produced before the childrens court and, if so, when and how many times and also directed that each District Judge will give utmost priority to this direction and the Superintendent of each jail in the district will provide full assistance to the District Judge or the Chief Judicial Magistrate or the Judicial Magistrate, in this behalf who will be entitled to inspect the registers of the jail visited by him as also any other document/documents which he may want to inspect and will also interview the children if he finds it necessary to do so for the purpose of gathering the correct information in case of any doubt. The District Judge, Chief Judicial Magistrate or the Judicial Magistrate, as the case may be, will submit report to this Court within 10 weeks from today. This Court again directed by its order dated August 5, 1986 that : ......... every defaulting District Judge who has not yet submitted his report shall unfailingly comply with the direction and furnish the report by August 31, 1986, through the High Court and the Registrar of every High Court shall ensure that compliance with the present direction is made. 2. Notwithstanding our expression of anguish and concern and the specific directions referred to above, it transpires that there has been no compliance from certain quarters. 2. Notwithstanding our expression of anguish and concern and the specific directions referred to above, it transpires that there has been no compliance from certain quarters. For convenience, we proceed to indicate below the particulars Statewise : Name of the State Name of the District from where no report has been received Assam Barpeta Lakhimpur Darrang Kabri-Anglong North Cachar Pragiyotishpur Manipur Bishnupur Chandel Churandarpur Senapati Tamenglang Thoubai Ukhrul Meghalaya East Garo Hills West Garo Hills Jainitia Hills West Khasi Hills Bihar Godda Gumla Khagaria Lotiardagga Medhapura Sahebganj Maharashtra Greater Bombay Gadchiroli Akola Uttar Pradesh Rai Bareli Mathura Shahajahanpur 3. Some of the States like, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka and Madhya Pradesh have not filed any affidavit though there was a previous direction requiring the States to indicate their stand by filing affidavits. 4. In regard to Sub-Jails, no reports have been received in respect of such jails of 14 districts of Maharashtra. Though this matter was listed on November 14, 1986 for final disposal, an adjournment became imperative in view of the failure of compliance with the directions in the manner indicated above and the matter is adjourned till December 2, 1986. We direct the Registrars of the High Courts of the States in which the districts indicated above are located to ensure compliance with the previous directions by November 30, 1986. We hope and trust that special care will be taken to ensure compliance and this Court will not be forced to take any stringent action. 5. The petitioner has made certain allegations regarding the special schools at Lucknow and Ferozabad. Some allegations have also been made in regard to Amravati Jail. These aspects will be considered on the adjourned date of hearing. 6. We would like to indicate that the Union of India is a respondent and this Court expected that the Social Welfare Ministry would respond to the notice, place its stand before the court and assist it for a proper disposal of the matter. Similarly, the court also expects the Central Social Welfare Board to participate in the proceedings. There has, however, been no response from these quarters. 7. Call the matter on December 2, 1986 for hearing. ORDER 1. Issue notice on the Cri. Misc. Petition returnable on September 19, 1986. Since the allegations made in the Cri. Similarly, the court also expects the Central Social Welfare Board to participate in the proceedings. There has, however, been no response from these quarters. 7. Call the matter on December 2, 1986 for hearing. ORDER 1. Issue notice on the Cri. Misc. Petition returnable on September 19, 1986. Since the allegations made in the Cri. M.P. are of a dubious character and they disclose a disturbing state of affairs in the institution being run by Gajanan Maharaj Sikshan Sansthan, it will be desirable not only in the interest of inmates of the institution but also in the interest of the institution itself that the allegations should be inquired into by the State Government and it is for this purpose that we are issuing notice to the respondents. We would like to direct in the meanwhile that in order to facilitate the inquiry which may be ordered by us after hearing the parties, the records in regard to the inmates of the institution should be taken possession of by the Chief Judicial Magistrate and these records may remain with the Chief Judicial Magistrate until further orders of this Court. We may make it clear that it is on the basis of the allegations made in the petition that we are making this order and we presently express no opinion on the correctness or otherwise of the allegations made. 2. A copy of the order may be communicated to the respondent as also to the Chief Judicial Magistrate, Amravati.