JUDGMENT/ORDER B.VEERAPPA, J. - Sister Clara P.V., Head of St. Joseph's Convent Girls' High School, Bangalore, filed the present Habeas Corpus Writ petition seeking direction to the respondents to produce the detenue-their students before this Court. 2. On 20/09/2022, Sri V.S.Hegde, learned Special Public Prosecutor-2, on instructions from Sri Kiran P.M., Circle Inspector of Pulakeshinagar Police Station submitted that they are in the process of tracing the children and placing their submission on record adjourned the matter. 3. Sri Kiran P.M., Police Inspector, Smt. Ashwini, PSI, Sri Guruprasad, PSI, Sri Lakshman, Constable, Sri Pawan, Head Constable, Sri Halappa Constable and Sri Shivananda, Constable were able to trace the detenue-children at Chennai and produced before the Court. 4. We have spent our considerable length of time and discussed with detnue-children, interacted with the Teacher, Headmistress, parents and the police officers and on an enquiry through Smt. Promodini Kishan, learned Government Advocate, we learnt that there is disturbance not only in the family of the detenue-students, but also in the institution as well as in the society at large. Thereby, we direct the petitioner-Headmistress, warden and the teacher under whom the children are studying to file their personal affidavits. 5. Accordingly, the petitioner-Sister Clara P.V., Headmistress of the Institution filed personal affidavit and para Nos.4 to 9 read as under: "4. I say that in our institution we have never ever practiced any kind of discrimination. Being a 127-year-old institution, we have seen to it that, the dignity and welfare of each of the student is given paramount consideration and I undertake to do so in future as well. 5. I say that, I have put it into practice that our job as teachers extends beyond assessing assignment to checking children, their overall welfare. I being a head of the institution tried to inculcate among teachers that if the children falter, we must do what we can to get them back on track. 6. I say that I always tell the teachers that because of the present-day attitude of the children, often I find teachers not only in our institution but in other institution as well, hesitate to utter words of reproach, for a raised voice, could be construed as an insult or feared to scar the child emotionally. 7.
6. I say that I always tell the teachers that because of the present-day attitude of the children, often I find teachers not only in our institution but in other institution as well, hesitate to utter words of reproach, for a raised voice, could be construed as an insult or feared to scar the child emotionally. 7. I say that, the trend among the presentday children is that, a child who is urged to improve, academically or otherwise, dislikes the slightest suggestion that he or she is anything less than perfect, I keep this aspect reminded among our teaching and nonteaching staff regularly and undertake to do so in future too. 8. I say that whatever the reason the children have gone away, I was severely stressful. On finding them I am joyful and will see to it that in future there will not be slightest kind of ill-treatment or anything to these children from any teaching as well as non-teaching staff. 9. I say that, I undertake to conduct periodical awareness classes with the help of Phycologists, Professional Counselling staff, Doctors and legal teams, to upgrade the knowledge of the teachers and non-teaching staff to handle the unwarranted situations so as to bring the children to right mind frame and right track." 6. Sister Theresa, warden of the hostel filed her affidavit, wherein paragraph Nos.3 to 6 read as under: "3. I say that, for the past 6 years, I am rendering my service as warden to my knowledge this is the first incident. 4. I say that, since the day the three girls from our institution were missing, I was highly disturbed as I was taking day to day care of the children. 05. I say that in the hostel I have seen to it that at no point of time any kind of discrimination is practiced. Being a 127-yearold institution, we have seen to it that, the dignity and welfare of each of the student is given paramount consideration and I undertake to do so in future as well. 6.
05. I say that in the hostel I have seen to it that at no point of time any kind of discrimination is practiced. Being a 127-yearold institution, we have seen to it that, the dignity and welfare of each of the student is given paramount consideration and I undertake to do so in future as well. 6. I say that, I undertake to conduct periodical awareness sessions with the help of Phycologists, Professional Counselling staff, Doctors and legal teams to educate the Hostel children pros and cons of the life and make genuine effort to bring the children to right mind frame in order to make them grow in the society as responsible citizens." 7. Mrs. Thresiamma P.M., who is mathematics and physics for 8th to 10th standard in the said institution has filed her personal affidavit wherein paragraph Nos.3 to 6 read as under: "3. I say that, always I have been considerate to the poor children and seen to it that their rights and interests are protected and safeguarded. 4. I say that on many occasions I have paid the school fee of children from my pocket. 5. I say that, I, often hesitate to utter words of reproach, for a raised voice, could be construed as an insult or feared to scar the child emotionally. 6. I say that, I undertake to attend periodical awareness sessions conducted by our school administration and see to it that I put my best efforts in moulding the children in order to make them grow in the society as responsible citizens." 8. On instruction by us, the children hugged the head of the institution, warden as well as the teacher and requested their pardon and gave assurance to the teachers as well as the Court that they will concentrate on their studies and would become good citizens of this Country. 9. In view of the affidavits filed by the Headmistress, Warden and the teacher of the said institution and the assurance given by the detenuestudents, without adverting to, on merits and demerits of the case, the habeas corpus writ petition is disposed of. 10. We have also warned the parents of the detenue-students that they behave well with human approach with the children. 11. We request the institution authorities to ensure a proper counseling to the children through the doctors with all human touch.
10. We have also warned the parents of the detenue-students that they behave well with human approach with the children. 11. We request the institution authorities to ensure a proper counseling to the children through the doctors with all human touch. Either the Headmistress or warden or the teachers shall not utter any word which would hurt the children and treat them like their own children and encourage the students to continue their studies and become good citizens of this Country. 12. It is left to the discretion of the children to decide whether they would stay in the hostel or stay with their parents. 13. With the above observation, this writ petition is disposed of. 14. In view of the dismissal of the petition, I.A.No.1/2022 would not survive for consideration. Accordingly, the said I.A. is disposed of. 15. The sincere efforts made by Police Department at the instance of learned Special Public Prosecutor-2, Sri V.S.Hegde, learned counsel and his team in tracing the children and producing them before the Court is appreciated and placed on record. 16. The efforts made by Smt. Pramodhini Kishan, learned Additional Government Advocate to hold enquiry between 1.20 p.m. and 2.30 p.m. with the children and advise is appreciated and placed on record.