ORDER : 1. The Court proceedings have been conducted through Video Conference. 2. Heard Mr. K. Konwar, learned counsel for the petitioner. Also heard Mr. A. Chandran, learned Additional Senior Government Advocate for the State of Arunachal Pradesh. 3. The present petition has been filed by the National Commission for Protection of Child Rights seeking appropriate directions from this Court in terms of Section 15 of the Commission for the Protection of Child Rights Act, 2005 (hereinafter referred to as the “Act”) relating to certain unfortunate death of a minor girl in Borum Village in the State of Arunachal Pradesh on 20.05.2019. 4. It has been stated that the minor girl was found hanging on 20.05.2019 from the ceiling fan of the guest room on the second floor of one Shri Techi Kaso. It has been alleged that the case, however, was not properly enquired into by the police. 5. We do not wish to go into detail facts of the case inasmuch as this Court had considered the same issue in another proceeding in PIL (Suo Motu) No. 4/2019 and this Court passed an order on 23.04.2020 in the said proceedings after considering the allegations relating to the unfortunate death of the minor girl, which order comprehensively reflects the relevant facts of the case and accordingly, the same is reproduced herein-below: “23.04.2020 1. Heard Mr. H.K. Das, learned Standing Counsel, Gauhati High Court, appearing for the petitioner. Also heard Mr. B.D. Goswami, learned Additional Advocate General, Arunachal Pradesh assisted by Mr. Arun Chandran, learned Additional Senior Government Advocate, Arunachal Pradesh for Respondents No. 1 to 3. 2. The Court proceedings have been conducted by means of creating a Virtual Court with the help of technology, so as to maintain distance between the staff, Advocates and the Presiding Judge. 3. This High Court took suo moto notice of news articles published in the ‘Assam Tribune’ ‘The Telegraph’ and ‘Times of India’ all of 8th June, 2019. As per news report, the National Commission for Protection of Child Rights and Assam State Commission for Protection of Child Rights, had appealed to the Home Ministry to take immediate steps to ensure proper investigation of unnatural death of a 12 years old girl in Arunachal Pradesh, Naharlagun. It was reported that the girl whose parents originally hail from Dolahat Tea Estate area of Assam, Lakhimpur District, was found hanging on May, 20, 2019. It was reported that the girl whose parents originally hail from Dolahat Tea Estate area of Assam, Lakhimpur District, was found hanging on May, 20, 2019. She along with family members used to work in Naharlagun. 4. On this Court taking judicial notice, it appears that action has been taken by the police of Arunachal Pradesh. Affidavit of Shri Tumme Amo, the then Superintendent of Police, Capital Itanagar, Arunachal Pradesh, sworn on 11th November, 2019, has been filed detailing the progress in investigation of the case. 5. This Court, therefore, by suo moto action took cognizance of alleged lapses in investigation conducted in regard to alleged rape and unnatural death of a minor girl. 6. Gist of the affidavit is that telephonic information was received from the house of Shri Techi Kaso on 20th May, 2019 at 0657 hours that daughter of his watchman had committed suicide by hanging at his residence in the village. By the time the police reached, the dead body had already been brought down and taken to the house of Shri Jogeshwar Nag, the father of the deceased. Photographs of the dead body were taken. Inquest proceedings were conducted. On inspection of the guest room, where the body was found, the door was already found to be broken open. The alleged dupatta of which ligature mark might have been caused had been burnt by Shri Jogeshwar Nag, father of the victim. Shri Jogeshwar Nag and other family members refused to register FIR, despite request, instead gave a written declaration that they are not willing to lodge FIR and insisted that they did not suspect any foul play and were not ready for getting postmortem examination conducted owing to sentiment and advice of the community. A request was made that last rites be performed to be conducted as per catholic norms. In such situation, the Sub-Inspector L. Buni returned to police station. 7. It appears that no action was taken, although evidently a young girl had died on account of either homicidal or suicidal causes, which fact was evident through inquest proceedings. Inquest proceedings do indicate that ligature mark was seen on the neck of the deceased and cause of death appears to be suicide by hanging/death due to hanging. Cognizable offence having been committed, it was the duty of the investigating agency to register the FIR and conduct investigation. 8. Inquest proceedings do indicate that ligature mark was seen on the neck of the deceased and cause of death appears to be suicide by hanging/death due to hanging. Cognizable offence having been committed, it was the duty of the investigating agency to register the FIR and conduct investigation. 8. Be that as it may, it appears that on 1st June, 2019, a team of National Commission for Protection of Child Rights (hereinafter referred to as ‘NCPCR’) met the parents of the deceased. On written information being given by Shri Jogeshwar Nag that on 0430 hours to 0500 hours, he found his daughter ‘A’, aged about 14 years, hanging from a ceiling fan with dupatta in a room which had been bolted from inside on the second floor of the house of Shri Techi Kaso, U.D. Case was registered being NLG PS UD Case No. 05/19 under Section 174 Cr.P.C. Later the said case was re-endorsed to SI K. Dev, on transfer of earlier investigating officer. A letter was served on Superintendent of Police, Capital Complex, Itanagar by NCPCR, New Delhi while recommending some steps to be taken. NCPCR, New Delhi was informed about the action taken in the matter by Superintendent of Police, Capital Complex, Itanagar. 9. Be that as it may, on persuasion, procedural lapses were enquired into. Departmental inquiry has been instituted against the erring earlier investigating officers and criminal case vide NLG PS Case No. 109/19 under Section 221/34 IPC has been registered. The said case is being investigated by Special Investigation Team (Crime Branch, PHQ, Itanagar). The services of earlier investigating officers were placed under suspension. Subsequently, the suspensions were revoked, without prejudice to departmental enquiry. 10. Progress in investigation has been indicated by way of examination of CCTV footage; exhumation of the body; taking photographs of the place of incidents and recording statements of various witnesses. The facts that emerge are that driver of Shri Techi Kaso, Shri Sanu Biswakarma admitted to having an affair with the victim ‘A’. He conceded the fact that he had sex with the victim a number of times. However, he revealed that on the date and time of the incident, no such sexual act was performed. 11. The facts that emerge are that driver of Shri Techi Kaso, Shri Sanu Biswakarma admitted to having an affair with the victim ‘A’. He conceded the fact that he had sex with the victim a number of times. However, he revealed that on the date and time of the incident, no such sexual act was performed. 11. Postmortem examination report on the exhumed body indicated that “cause of death could not be ascertained.” So far as sexual incident, immediately before the death is concerned, CFSL, Hyderabad vide the report dated 9th September, 2019 opined that no foreign body/product of conception/foetus could be found. Hence, DNA analysis was not considered. 12. The finding revealed that the victim ‘A’ had committed suicide on 20th May, 2019 in between 0500 hrs to 0600 hrs, which fact is clearly established by CCTV footage and statement of witnesses. Since the dupatta had already been burnt, the ligature mark could not be connected with the same. So far as the age of the victim is concerned, it was found to be in between 13 to 15 years. All the witnesses examined revealed that the victim had not been employed as a maid at the residence of Shri Techi Kaso. Her father Shri Jogeshwar Nag had been working in the house of Shri Techi Kaso for the last about 25/30 years. The victim used to come to the house of Shri Techi Kaso and had befriended the family members and other maid servants and had love affair with Shri Sanu Biswakarma. This conclusion can also be drawn from Call Details Record Examination. Also Shri Sanu Biswakarma had confessed before the police that he had sexual intercourse with the deceased on three occasion in the past, a few months before the occurrence. The investigation is said to be pending only awaiting CFSL report on CDR/CCTV footage. 13. Considering the investigation conducted till date, as per the report submitted through affidavit by Shri Tumme Amo, Superintendent of Police, Capital Complex, Itanagar, Arunachal Pradesh, we find no reason to keep this petition pending. This is also because the Court has been assured that Section 305 I.P.C. and other penal provisions that are attracted in case of rape and such death have been invoked. 14. This is also because the Court has been assured that Section 305 I.P.C. and other penal provisions that are attracted in case of rape and such death have been invoked. 14. The petition is disposed of, however, with direction to Director General of Police, Arunachal Pradesh to personally ensure that the Special Investigation Team constituted for the purpose of investigation of the alleged rape and murder of a minor girl is concluded at the earliest. The CFSL Agency, where the report is pending be contacted so as to ensure receipt of reports at the earliest. 15. Disposed of with above noted directions. 16. Let a copy of this order be forwarded to Principal Secretary (Home), Arunachal Pradesh and Director General of Police, Arunachal Pradesh.” 6. From the above, it is evident that this Court disposed of the aforesaid PIL, PIL (Suo Moto) No. 4/2019 with a direction to the Director General of Police, Arunachal Pradesh to personally ensure that the Special Investigation Team constituted by him properly conducts the investigation and concludes the investigation at the earliest. Thus, the criminal investigative machinery has already been activated to enquire into the allegation of rape and murder of the minor girl. We, however, wish to make it clear that whether the girl had committed suicide or there was some foul play as alleged and circumstances underlying the unfortunate incident can be unravelled only after the aforesaid investigation is concluded and as such it will be premature on the part of anyone to draw any conclusion at this stage. 7. Perhaps, unaware of the aforesaid order passed by this Court on 23.04.2020 in PIL (Suo Motu) No. 4 of 2019, the National Commission for Protection of Child Rights has approached this Court by filing this petition alleging improper investigation by the State Police and seeking for a direction for a Court monitored investigation by invoking Section 15 (ii) of the Commission of Protection of Child Rights Act, 2005. 8. As regards this relief claimed in this petition for a Court monitored investigation into the aforesaid case, we are afraid, we may not be able to pass any such order at this stage as the issue about the criminal investigation had already been dealt by this Court in the earlier proceeding referred to above. 8. As regards this relief claimed in this petition for a Court monitored investigation into the aforesaid case, we are afraid, we may not be able to pass any such order at this stage as the issue about the criminal investigation had already been dealt by this Court in the earlier proceeding referred to above. Such a situation can arise only when the petitioner points out serious lapses compromising with the proper investigation by the Special Investigation Team specially constituted by the Director General of Police, Arunachal Pradesh, which does not appear to be case at this stage. 9. As regards the other directions sought by invoking Section 15(ii) of the Commission for Protection of Child Rights Act, 2005, it may be mentioned that the Commission can approach the Supreme Court or the High Court concerned for appropriate directions only when the Commission has completed an enquiry as contemplated under the aforesaid Act. 10. National Commission for Protection of Child Rights has been constituted under Section 3 of the Commission for Protection of Child Rights Act, 2005, consisting of members as mentioned under Section 3(2) of the Act, which is to perform certain duties and functions mainly related to child rights and protection thereof as enumerated under Section 13 of the Act. In order to effectively enable the Commission to perform its functions, the Commission has been endowed with the power to make inquiries into complaints and take suo motu notice of the matters relating to violation of the child rights, non-implementation of laws providing for protection and development of children, non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships to and ensuring welfare of the children and provide relief to such children or take up issues arising out of such matters with appropriate authorities and such other functions as it may consider necessary for the promotion of child rights and any other matter incidental to the above functions as provided under Section 13(1)(j) of the Act. Section 13 of the Act reads as follows: “13. (1) The Commission shall perform all or any of the following functions, namely:- (a) examine and review the safeguards provided by or under any law for the time being in force for the protection of child rights and recommend measures for their effective implementation. Section 13 of the Act reads as follows: “13. (1) The Commission shall perform all or any of the following functions, namely:- (a) examine and review the safeguards provided by or under any law for the time being in force for the protection of child rights and recommend measures for their effective implementation. (b) present to the Central Government, annually and at such other intervals, as the Commission may deem fit, reports upon the working of those safeguards. (c) inquire into violation of child rights and recommend initiation of proceedings in such cases. (d) examine all factors that inhibit the enjoyment of rights of children affected by terrorism, communal violence, riots, natural disaster, domestic violence, HIV/AIDS, trafficking, maltreatment, torture and exploitation, pornography and prostitution and recommend appropriate remedial measures. (e) look into the matters relating to children in need of special care and protection including children in distress, marginalized and disadvantaged children, children in conflict with law, juveniles, children without family and children of prisoners and recommend appropriate remedial measures. (f) study treaties and other international instruments and undertake periodical review of existing policies, programmes and other activities on child rights and make recommendations for their effective implementation in the best interest of children. (g) undertake and promote research in the field of child rights. (h) spread child rights literacy among various sections of the society and promote awareness of the safeguards available for protection of these rights through publications, the media, seminars and other available means. (i) inspect or cause to be inspected any juvenile custodial home, or any other place of residence or institution meant for children, under the control of the Central Government or any State Government or any other authority, including any institution run by a social organisation; where children are detained or lodged for the purpose of treatment, reformation or protection and take up with these authorities for remedial action, if found necessary. (j) inquire into complaints and take suo motu notice of matters relating to:- (i) deprivation and violation of child rights. (ii) non-implementation of laws providing for protection and development of children. (iii) non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships to and ensuring welfare of the children and to provide relief to such children, or take up the issues arising out of such matters with appropriate authorities. (ii) non-implementation of laws providing for protection and development of children. (iii) non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships to and ensuring welfare of the children and to provide relief to such children, or take up the issues arising out of such matters with appropriate authorities. (k) such other functions as it may consider necessary for the promotion of child rights and any other matter incidental to the above functions. (2) The commission shall not inquire into any matter which is pending before a State Commission or any other Commission duly constituted under any law for the time being in force.” 11. In order to enable the Commission to make necessary enquiry as contemplated under Section 13(1)(j) of the Act, the Commission has been endowed under Section 14 with the powers of a civil court trying a suit under the Code of Civil Procedure, 1908 including the power of summoning and enforcing attendance of any person and examining him on oath, discovery and production of any document, receiving evidence on affidavits, issuing any public record. Section 14 reads as follows: “14. (1) The Commission shall, while inquiring into any matter referred to in clause (j) of sub-section (1) of section 13 have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) and in particular, in respect of the following matters, namely:- (a) summoning and enforcing the attendance of any person and examining him on oath. (b) discovery and production of any document. (c) receiving evidence on affidavits. (d) requisitioning any public record or copy thereof from any court or office. (e) issuing commissions for the examination of witnesses or documents. (2) The Commission shall have the power to forward any case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case has been forwarded to him under section 346 of the Code of Criminal Procedure, 1973 (2 of 1974).” 12. The aforesaid provisions under Section 13 read with Section 14 of the Act empowering the Commission to enquire into complaints and take suo motu notice of violation of child rights et cetera does not partake the character of criminal investigation which is within the exclusive domain of the investigating agency as contemplated under the Code of Criminal Procedure, 1973. Yet, at the same time pendency of any criminal investigation does not come in the way of the Commission to make necessary enquiry as contemplated under Section 13 of the Act. This is an independent statutory right conferred on the Commission under the Act to safeguard the children’s rights. What has been barred is that the Commission shall not inquire into any matter which is pending before a State Commission or any other Commission duly constituted under any law for the time being in force as mentioned under Section 13(2) of the Act. However, such an enquiry to be conducted by the Commission is in the nature of civil proceedings as evident from the provisions of Section 14 of the Act. 13. On conclusion of the enquiry as contemplated under Section 13 read with Section 14 of the Act, the Commission is empowered under Section 15 to take certain steps including recommendation to the concerned Government or authority in initiating proceedings for prosecution or such other action as the Commission may deem fit against the concerned person or persons, approach the Supreme Court or the High Court concerned for such directions, orders or writs as that Court may deem necessary and to recommend to the concerned Government or authority, for grant of such interim relief to the victim or the members of his family as the Commission may consider necessary. Section 15 of the aforesaid Act reads as follows: “15. The Commission may take any of the following steps upon the completion of an inquiry held under this Act, namely:- (i) where the inquiry discloses, the Commission of violation of child rights of a serious nature or contravention of provisions of any law for the time being in force, it may recommend to the concerned Government or authority the initiation of proceedings for prosecution or such other action as the Commission may deem fit against the concerned person or persons. (ii) approach the Supreme Court or the High Court concerned for such directions, orders or writs as that Court may deem necessary. (iii) recommend to the concerned Government or authority for the grant of such interim relief to the victim or the members of his family as the Commission may consider necessary.” 14. From the above, it is clear that only when the Commission concludes an enquiry as contemplated under Section 13 read with Section 14 of the Act that the Commission can approach the Supreme Court or the High Court as the case may be for necessary direction under Section 15(ii) of the Act. 15. In the present case, from the pleadings of the case, it is not indicated that the Commission has concluded any such enquiry as contemplated under Section 13 the Act referred to above. What the pleading merely discloses is certain clarifications sought from the police and other authorities of Arunachal Pradesh relating to the investigation of the case. 16. We feel that those clarifications sought do not partake the character of enquiry as mentioned under Sections 13, 14 and 15 of the Act. 17. We are of the opinion that the Commission can approach this Court by invoking Section 15 (ii) of the Act only when an enquiry as contemplated under Section 13 is completed, which appears not to have been done in the present case. 18. In view of above, the present petition stands closed with the observation that the Commission is at liberty to take appropriate actions as empowered under the Act as mentioned above and may approach this Court only on conclusion of the enquiry as contemplated under the Act.