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1990 DIGILAW 274 (SC)

L. K. Pandey v. Union of India

1990-04-12

M.M.PUNCHHI, RANGANATH MISRA

body1990
ORDER : 1. A petition has been filed on behalf of the Society for Indian Children's Welfare Organisation making allegations, inter alia, that the Juvenile Magistrate at Calcutta has not disposed of the proceedings before him in regard to certain children being declared as abandoned and free for placement for adoption inspite of the fact that more than 15 months have elapsed since the applications were made to him. Reliance is placed on a part of the judgment in Laxmi Kant Pandey v. Union of India, AIR 1987 SC 232 at page 240 where this Court said : "Meanwhile, the social or child welfare agency which has found the abandoned or destitute child may make an application to the Juvenile Court or to the Social Welfare Department or the Collector, as the case may be, for a release order declaring that the child is legally free for adoption and since the report of the inquiry to be made by the police has under this direction to be completed within one month, it should be possible for the Juvenile Court or the' Social Welfare Department or the Collector to make a release order declaring the child legally free for adoption within a period of five weeks from the date of making the application." 2. We have been told that in regard to three children being Margina, Ramola and Mina, applications had been filed on 1.12.1988, 14.1.1989 and 2.3.1989 respectively. Obviously there is no compliance with directions of this Court extracted above. We have riot thought it appropriate to issue a notice to the Magistrate of the Juvenile Court to have his explanation at this stage. We direct that the Magistrate shall dispose of the cases within four weeks from the date of receipt of this order by him and this order be communicated to him in course of the day. 3. A report of compliance shall be furnished to the Registry. The Magistrate shall offer his explanation along with the report of compliance as to why he has not disposed of these applications inspite of the directions contained in the reported decision. 4. 3. A report of compliance shall be furnished to the Registry. The Magistrate shall offer his explanation along with the report of compliance as to why he has not disposed of these applications inspite of the directions contained in the reported decision. 4. The Magistrate shall take into consideration the fact that the children referred to above have been till now living in the licensed home of the petitioner-Society and, therefore, unless there be any particular justification to shift these children to any Government-run home, they may be permitted to continue at present place.