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2015 DIGILAW 1645 (SC)

Vishanta v. Union of India

2015-11-27

MADAN B.LOKUR, UDAY UMESH LALIT

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ORDER : 1. We have heard learned counsel for the parties including learned Solicitor General. 2. It appears that the Union of India has been able to get all the relevant material with regard to the three children who are the petitioners before us. 3. We direct the Union of India to produce all the material before the Child Welfare Committee in Gurgaon, Haryana and we direct the Child Welfare Committee to take a decision in the best interest of the children on or before 14th December, 2015 so that it is made available to us on the next date of hearing. 4. We also direct the State of Haryana and the State of Jharkhand to produce all the material before the Child Welfare Committee and render full assistance to enable it to take an informed decision. The entire material be placed before the Child Welfare Committee on or before Monday, 30th November, 2015. 5. It appears that the Jharkhand police has prima facie acted in a high-handed manner pursuant to Operation Muskan and Operation Smile. We have advised learned Solicitor General to look into the matter and to advise the police authorities throughout the country that Operation Muskan and Operation Smile do not permit the police authorities to violate the law particularly with respect to children. 6. The Union of India need not file any affidavit for the time being. 7. List the matter on 15th December, 2015 before this Bench after the normal work in both the Courts is over or at 2.00 p.m., whichever is earlier.