JUDGMENT - F.I. REBELLO, J.:---This petition along with several other petitions was posted for hearing on a common issue which arose therein. The issue is, what is the power of this Court to appoint a foreign guardian, in respect of infants, where temporary guardianship was granted in terms of the Juvenile Justice Act, 1986. As the matter was not covered by any reported judgment and involved a large number of children in respect of whom petitions were pending in this Court, notice was issued amongst others to the learned Advocate General of the State of Maharashtra. Various organizations including ICSW. Counsel generally appearing in these matters were heard and their views have been considered. 2.The facts in the present petition are only been set out as they will be sufficient for the purpose of disposing of the issue in controversy. 3.The petitioners herein have moved this Court under Clause 17 of the Letters Patent as also under section 3 and other provisions of the Guardians and Wards Act, 1890. The male Varad was born on 24th January, 1997. The child was abandoned and was committed to the Children of the World (India) Trust by the Chairman, Zilla Bal Kalyan Mandal, Ratnagiri on 6-4-1997 under section 15(2) of the Juvenile Justice Act, 1986. It is during this period of 3 years that the application for appointment of Guardian came up before this Court wherein the question as raised earlier arose. 4.For the purpose of deciding the issue in controversy one may look at the provisions of "The Juvenile Justice Act, 1986" which hereinafter shall be referred to as the Juvenile Act. In so far as Juvenile Act is concerned, under section 2(h) "juvenile", means a boy who has not attained the age of sixteen years or a girl who has not attained the of eighteen years". "Guardian" has been defined in relation to a Juvenile to include any person who, in the opinion of the competent authority, having cognizance of any proceeding in relation to a juvenile, has, for the time being, the actual charge of , or control over, that juvenile. "Delinquent Juvenile" is defined to mean a juvenile who has been found to have committed an offence. In the instant case at the outset it may be pointed out that none of these cases cover a delinquent juvenile but neglected juvenile. "Delinquent Juvenile" is defined to mean a juvenile who has been found to have committed an offence. In the instant case at the outset it may be pointed out that none of these cases cover a delinquent juvenile but neglected juvenile. Under section 7 of the Act where a Board or a Juvenile Court has been constituted for any area, such Board or Court, shall, notwithstanding anything contained in any other law for the time being in force but save as otherwise expressly provided in this Act have power to deal exclusively with all proceedings under this Act relating to neglected juveniles or delinquent juveniles, as the case may be. "Neglected juvenile" has been defined under section 2(1) of the Act to mean a juvenile who is found begging or is found without having any home or settled place of abode and without any ostensible means of subsistence and is destitute or has a parent or guardian who is unfit or incapacitated to exercise control over the juvenile or lives in a brothel or with a prostitute or frequently goes to any place used for the purpose of prostitution, or is found to associate with any prostitute or any other person who leads an immoral, drunken or depraved life or who is being or is likely to be abused or exploited for immoral or illegal purposes or unconscionable gain. By virtue of sub-section (3) of section 7 power conferred on the Board or Juvenile Court by or under this Act may also be exercised by the High Court and the Court of Sessions, when the proceeding comes before them in appeal, revision or otherwise. Section 15 pertains to inquiry by the Board regarding neglected juveniles. By virtue of sub-section (2) of section 15 if the Board is satisfied on inquiry that a juvenile is a neglected juvenile and that it is expedient so to deal with him, the Board may make an order directing the juvenile to be sent to a juvenile home for the period until he ceases to be a juvenile. By proviso to sub-section (2) the Board for the reasons to be recorded, may extend the period of such stay, but in no case period of stay stands extended beyond the time when the juvenile attains the age of eighteen years, in the case of a boy, or twenty years, in the case of a girl. By proviso to sub-section (2) the Board for the reasons to be recorded, may extend the period of such stay, but in no case period of stay stands extended beyond the time when the juvenile attains the age of eighteen years, in the case of a boy, or twenty years, in the case of a girl. By virtue of second proviso to the said sub-section (2) the Board may, if it is satisfied that having regard to the circumstances of the case it is expedient so to do, for reasons to be recorded, reduce the period of stay to such period as it thinks fit. Under section 16 a power is conferred on the Board to commit a neglected juvenile to suitable custody. Under sub-section (2) at the time of making an order under sub-section (1) or at any time subsequently, the Board may, in addition, make an order that the juvenile be placed under supervision for any period not exceeding three years in the first instance. I need not, at this stage, refer to section 21, which deals with neglected delinquent juvenile. Under section 34 in case of a neglected or delinquent juvenile whose ordinary place of residence lies outside the jurisdiction of the competent authority before which he is brought, the competent authority may, if satisfied after due inquiry that it is expedient so to do, send the juvenile back to a relative or other person who is fit and willing to receive him at his ordinary place of residence. Under section 40 without prejudice to the provisions for appeal and revision under this Act, any competent authority may, either on its own motion or on an application received in this behalf, amend any order as to the institution to which a juvenile is to be sent or as to the person under whose care or supervision a juvenile is to be placed under this Act. Under section 46 a power is conferred on the State Government to discharge and transfer juveniles. The State Government may, notwithstanding anything contained in this Act, at any time, order a neglected or delinquent juvenile to be discharged from the juvenile home or special home, either absolutely or on such conditions as it may think fit to impose. Under section 46 a power is conferred on the State Government to discharge and transfer juveniles. The State Government may, notwithstanding anything contained in this Act, at any time, order a neglected or delinquent juvenile to be discharged from the juvenile home or special home, either absolutely or on such conditions as it may think fit to impose. A perusal of this provision will indicate that even if an order is passed by a Court or Board in respect of a neglected juvenile under the Juvenile Justice Act by virtue of section 15 second proviso to sub-section (2) the Board itself can reduce the period of stay. Under section 46 the power is conferred on the State Government notwithstanding anything contained in the Act to discharge a neglected or delinquent juvenile from the juvenile home. In other words the Act itself has provided for provisions whereby the period can be reduced either by the Board or by the State Government. I will now also advert to some provisions of the Guardians Wards Act. Under section 3 of the Guardians Wards Act certain powers of Chartered High Courts have been saved. The section provides that the Act shall be read subject to every enactment heretofore or hereafter passed relating to any Court of Wards by any competent Legislature, Authority or person in any State to which this Act extends: and nothing in this Act shall be construed to effect or in any way derogate from the jurisdiction or authority of any Court of Wards, or to take away any power possessed by any High Court. Clause 17 of the Amended Letters Patent of this Court reads as under:- "And we do further ordain that the said High Court of Judicature at Bombay shall have the like power and authority with respect to the persons and estate of infants, idiots and lunatics, within the Bombay Presidency, as that which as vested in the said High Court immediately before the publication of these presents." Clause 17 had come up for consideration before the Special Bench of this Court in the case of (In re Ratanji Ramaji)1, A.I.R. 1941 Bombay 397. I will refer to certain observations of the then learned Chief Justice Beaumont. I will refer to certain observations of the then learned Chief Justice Beaumont. Considering the power conferred under Clause 17 of the Letters Patent the learned Chief Justice observed as under:- "I have no doubt that the power which this Court exercises over minors is the power derived from the prerogative of the Crown as parens patriae to protect subjects of the Crown who can not protect themselves." In other words when the Court exercises a jurisdiction under Clause 17 of the Letters Patent it is as paren patriae. This Court will have the same jurisdiction which the Chancellors Court had while exercising the said jurisdiction on behalf of the Crown in England. In Hope v. Hope Lord Chancellor Lord Cranworth observed as under:- "The jurisdiction of this Court which is entrusted to the holder of the Great Seal as the representative of the Crown, with regard to the custody of infants rests upon this ground that it is the interest of the State and of the Sovereign that children should be properly brought up and educated; and according to the principle of our law, the Sovereign, as parens patriae, is bound to look to the maintenance and education (as far as it has the means of judging) of all his subjects." Therefore, when this Court exercises its powers under Clause 17 of the Letters Patent this Court is exercising the power of the Sovereign as parens patriae. The other section which need to be referred to is section 26 of the Guardians and Wards Act. Under section 26 once a person is appointed as a Guardian unless he is the Collector or is a guardian appointed by Will or other instrument, shall not, without the leave of the Court by which he was appointed or declared, remove the ward from the limits of its jurisdiction except for such purposes as may be prescribed. In other words once a Court appoints guardian for the minor such a minor cannot be removed outside the jurisdiction of the Court without the leave of the Court. 5.Exercise of jurisdiction in matters of guardianship is limited in those cases where the child ordinarily resides. This is the interpretation given by this Court in the judgment of Lentin, J., in the case of (Giovanni Marco Muzzu and etc. etc.)2, A.I.R. 1983 Bom. 242. 5.Exercise of jurisdiction in matters of guardianship is limited in those cases where the child ordinarily resides. This is the interpretation given by this Court in the judgment of Lentin, J., in the case of (Giovanni Marco Muzzu and etc. etc.)2, A.I.R. 1983 Bom. 242. While considering applications under Clause 17 of the Letters Patent and the Guardians and Wards Act the attention of this Court was drawn to a large number of minors being brought to the State from outside and thereafter sent for foreign adoption. It is in these circumstances that a learned Single Judge of this Court was pleased to hold, that this Court would not have where minors are brought only for the purpose of being sent for foreign adoption jurisdiction under Clause 17 read with section 3 of the Guardians and Wards Act. In such cases it would be the Court where the child ordinarily resides which would have jurisdiction. In other words the territorial jurisdiction of this Court will be restricted to those cases where the minors ordinarily reside within the State of Maharashtra. 6.Having said so, the question that arises now is whether this Court while considering the application under Clause 17 of the Letters Patent read with section 3 of the Guardians and Wards Act. 1890 in a case where an order is passed in respect of a neglected juvenile can reduce the term to which the custody was given by the Board under the provisions of the Juvenile Justice Act, 1986. Without the period of custody being reduced by a Competent Authority under section 40 or by the State Government exercising jurisdiction under section 46 of the Juvenile Act. Considering the power that has been conferred on this Court by Clause 17 of the Letters Patent read with section 3 of the Guardians and Wards Act also section 7(3) of the Juvenile Act when such matter comes to this Court, this Court can exercise all the powers conferred on the Board or Juvenile Court. Such a power would include the power which the Board had to reduce the term by virtue of the second proviso to sub-section (2) of section 15 of the Juvenile Act. Such a power would include the power which the Board had to reduce the term by virtue of the second proviso to sub-section (2) of section 15 of the Juvenile Act. In that light of the matter in respect of a neglected juvenile where an order has been passed by the Board, this Court apart from appointing a Guardian can pass orders under sub-section (2) of section 26 of the Guardians and Wards Act, 1890. In the light of the matter this Court has jurisdiction to entertain and dispose of these petitions in respect of a neglected juvenile in respect of whom temporary guardianship was granted under the Juvenile Justice Act. 7.On behalf of the I.C.S.W. it is pointed out that they have come across situations where a proper inquiry as is contemplated under the provisions of the Juvenile Justice Act is not conducted. The effect of an order passed by the Board or the Court under the Juvenile Justice Act (sic) particular term. Normally it is only thereafter that the courts under the Guardians and Wards Act and/or this Court under Clause 17 of the Letters Patent exercise the power in respect of such neglected juvenile. In these circumstances a duty is cast on the Board or courts, who pass orders in respect of neglected or delinquent juvenile to take all possible precautions as set out by Various judgments of this Court and of the Apex Court to see that those directions are strictly complied with. In the event any functionary of I.C.S.W. wishes to examine the records or proceedings of the Juvenile Court or Board in respect of applications filed for guardianship for the neglected delinquent they shall be given access to the same to enable this Court to act on the representation presented by I.C.S.W. at the time of passing orders for appointment of guardian. A copy of this Judgment be sent to the Secretary, Department of Women and Child Welfare, State of Maharashtra, to be circulated to all the Boards/Courts exercising jurisdiction under the Juvenile Justice Act in the State. *****