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Jharkhand High Court · body

2013 DIGILAW 715 (JHR)

Court on its own motion v. State of Jharkhand

2013-06-20

JAYA ROY, PRAKASH TATIA

body2013
ORDER By the Court.–Learned counsel Shri Indrajit Sinha has brought to our notice that one N.G.O. Mahila Sewa Samiti having its registered office at 5, Government Place, North Kolkata-62 had one girl child who was initially named as Kabutar now presently she is using her name as Puja Radha Singh was living in the Mahila Sewa Samiti, Rajpur Care Home at 24 Pargana South in the, West Bengal because the custody of this girl was given to Mahila Sewa Samiti by Social Welfare Board, Govt. of West Bengal in the year 2010. The members of Mahila Sewa Samiti, Kolkata came to know that the said girl's parents are residing in Joraphatak in Dhansar police station in the District of Dhanbad. Finding this, two members of Mahila Sewa Samiti brought the said girl Kabutar @ Puja Radha Singh to Jorapathak. The girl refused to go with their parents and it is stated that mother is step mother and the father was a drunkered. In this situation, members of Mahila Samiti wanted to take the girl back to their own place but police apprehended the girl and she is now in the police station. It is submitted that there is likelihood that she may be detained in the police station without proper facility. It is therefore submitted that the custody of the said girl may be given to the N.G.O. of Mahila Sewa Samiti, Kolkata who are having custody lawfully because of the fact that custody has been given to the Mahila Sewa Samiti, Kolkata by the Social Welfare Board, West Bengal. 2. In the above facts, office is directed to register this as Public Interest Litigation. 3. In view of above reasons, it is ordered that the custody of the said girl Kabutar @ Puja Radha Singh may be given to the members of Mahila Sewa Samiti, Kolkata, who accompanied the said girl from Kolkata to Jorapathak who are Susmita Chakraborty and Seema Sen. 4. The Director, Jharkhand State Legal Services Authority was called and he is present in Court and he has requested to inform the Chairman, District Legal Services Authority of the area and be sent a copy of this order by FAX for compliance. 5. Notice be issued to the State of Jharkhand through Principal Secretary (Home) as well as Secretary, Social Welfare Department. 6. 5. Notice be issued to the State of Jharkhand through Principal Secretary (Home) as well as Secretary, Social Welfare Department. 6. Learned Advocate General is present in the Court and he is requested to assist this Court in the matter. 7. Copy of this order be given to the learned Advocate General as well as to the Director, Jharkhand State Legal Services Authority. 8. It is ordered that if there is any threat, the N.G.O. may bring the girl to Ranchi and Jharkhand State Legal Services Authority is ready to provide stay facility for few days. Ordered accordingly.