Sampurna Behrua vs. Union Of India Ministry Of Human Resources And Development Through Its Secretary

Court:Supreme Court of India
Judge:Hon'ble Madan B. Lokur
Case Status:Disposed
Order Date:6 Feb 2015
CNR:SCIN010180852005

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ITEM NO.45 COURT NO.8 SECTION PIL

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Writ Petition(Civil)No.473/2005

SAMPURNA BEHRUA Petitioner(s)

VERSUS

UNION OF INDIA & ORS. Respondent(s)

(With appln.(s) for interim directions, exemption from filing O.T., permission to file additional documents, extension of time and office report)

Date : 06/02/2015 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE UDAY UMESH LALIT For Petitioner(s) Mr. Colin Gonsalves, Sr. Adv. Mr. Divya Jyoti Jaipuriar, Adv. Ms. Jyoti Mendiratta, AOR For Respondent(s) UOI Mr. B.B. Sawhney, Sr. Adv. Ms. Vibha Datta Makhija, Sr. Adv. Mr. S. Wasim A. Qadri, Adv. Ms. Sunita Sharma, Adv. Mr. Gaurav Sharma, Adv. Mr. Zaid Ali, Adv. Mr. S.S. Rawat, Adv. Mr. A. Deb Kumar, Adv. Mrs. Anil Katiyar, Adv. Mr. D. S. Mahra, AOR NALSA Ms. Indu Malhotra, Sr. Adv. Mr. Gagan Gupta, AOR Mr. Saurabh Gupta, Adv. Signature Not Verified Mr. Anuvrat Sharma, AOR Digitally signed by Sanjay Kumar Date: 2015.02.09 16:25:50 IST Mr. Sanjay R. Hegde, AOR Reason: Mr. Radha Shyam Jena, AOR Mr. Milind Kumar, AOR 2 Mr. Arun K. Sinha, AOR

Mr. Khwairakpam Nobin Singh, AOR Mr. P. V. Dinesh, AOR

Mr. Naresh K. Sharma, AOR
Mr. T.M. Singh, Adv.<br>Mr. Ranjan Mukherjee, AOR
Mr. G. N. Reddy, AOR
Mr. Ratan Kumar Choudhuri, AOR
Ms. Kamini Jaiswal, AOR
Mr. Avijit Bhattacharjee, AOR
Mr. C. D. Singh, AOR
Mr. T. Harish Kumar, AOR
Mr. Sunil Fernandes, AOR
Ms. Sushma Suri, AOR
Mr. Sudarshan Singh Rawat, AOR
Mr. B. S. Banthia, AOR
Mr. Sibo Sankar Mishra, AOR
M/s. Venkat Palwai Law Associates
Ms. A. Subhashini, Adv.
For States of<br>Andhra PradeshMr. Guntur Prabhakar, AOR<br>Ms. Prerna Singh, Adv.
Arunachal PradeshMr. Anil Shrivastav, AOR<br>Mr. Ritu Raj, Adv.
AssamMr. Riku Sarma, Adv.<br>Mr. Navnit Kumar, Adv.<br>for M/s Corporate Law Group
BiharMr. Gopal Singh, AOR<br>3
Mr. Manish Kumar, Adv.<br>Ms. Rashmi Shrivastava, Adv.
ChhattisgarhMr.<br>C.D. Singh, AAG<br>Ms.<br>Damani Hajela, Adv.<br>Mr.<br>Parthiv K. Goswami, Adv.<br>Ms.<br>Sakshi Kakkar, Adv.
Mr.<br>Apoorv Kurup, Adv.<br>Mr.<br>Aniruddha P. Mayee, AOR<br>Mr.<br>V.C. Shukla, Adv.<br>Mr.<br>A. Selvin Raja, Adv.<br>Ms.<br>Charudatta Mahindran, Adv.
GujaratMs. Hemantika Wahi, AOR<br>Ms. Jesal Wahi, Adv.<br>Ms. Preeti Bhardwaj, Adv.
HaryanaMr. Arun Bhardwaj, AAG<br>Mr. Parveen Kumar, Adv.<br>Mr. B. Vardhan, Adv.
H.P.Mr. Suryanaryana Singh, AAG<br>Ms. Pragati Neekhra, AOR
JharkhandMr. Tapesh Kumar Singh, Adv.<br>Mohd. Waquas, Adv.
KarnatakaMr. Lagnesh Mishra, Adv.<br>Mr. Parikshit Angdi, Adv.<br>Mr. V.N. Raghupathy, Adv.
ManipurMr. Sapam Biswajit Meitei, Adv.<br>Mr. Ashok K. Singh, Adv.<br>Mr. Z.H. Isaac Haiding, Adv.
Madhya PradeshMr. C.D. Singh, AAG<br>Ms. Damani Hajela, Adv.<br>Mr. Parthiv K. Goswami, Adv.
Mr. Sunny Choudhary, Adv.<br>Mr. Mishra Saurabh, Adv.
MaharashtraMs. Asha Gopalan Nair, Adv.<br>Mr. A.P. Mayee, Adv.
MizoramMr. Pragyan Sharma, Adv.<br>Mr. Heshu Kayina, Adv.<br>Mr. P. V. Yogeswaran, AOR<br>4
NagalandMrs. K. Enatoli Sema, Adv.<br>Mr. Amit Kumar Singh, Adv.<br>Mr. Balaji Srinivasan, AOR
PunjabMr. Ajay Bansal, AAG<br>Mr. Jagjit Singh Chhabra, AOR<br>Ms. Gaurav Yadava, Adv.
SikkimMr.<br>A. Mariarputham, AAG<br>Ms.<br>Aruna Mathur, Adv.<br>Mr.<br>Yusuf Khan, Adv.<br>Mr.<br>K. Vijay Kumar, Adv.<br>for<br>M/s Arputham Aruna & Co.
Tamil NaduMr.<br>B.<br>Balaji, AOR<br>Mr.<br>R.<br>Rakesh Sharma, Adv.<br>Mr.<br>V.<br>Paramveer, Adv.<br>Ms.<br>R.<br>Shase, Adv.
TelanganaMr. S. Udaya Kumar Sagar, Adv.<br>Mr. Krishna Kumar Singh, Adv.
TripuraMr. Gopal Singh, AOR<br>Mr. Rituraj Biswas, Adv.<br>Ms. Rashmi Shrivastava, Adv.
Uttar PradeshMr. V.K. Shukla, AAG<br>Mr. Aviral Saxena, Adv.<br>Ms. Pragati Neekhra, Adv.
UttarakhandMr.<br>Uma Kant Uniyal, AG<br>Mr.<br>Pankaj Bhatia, Adv.<br>Mr.<br>Jatinder Kumar Bhatia, AOR<br>Mr.<br>Vivek Chaudhary, Adv.
West BengalMr. Anip Sachthey, AOR<br>Mr. Mohit Paul, Adv.<br>Mr. Saakaar Sardana, Adv.

A&N Islands Mr. K.V. Jagdishvaran, Adv. Mrs. G. Indira, AOR

Puducherry Mr.V.G. Pragasam, AOR Mr. S.J. Aristotle, Adv. Mr. Prabu Ramasubramanian, Adv. 5

UPON hearing the counsel the Court made the following O R D E R

We have heard learned counsel for the parties for some time.

The following three documents have been referred during the course of submissions:

  • (i) Report prepared by the National Legal Services Authority (NALSA) (August, 2011) with regard to the existing facilities towards implementation of the Juvenile Justice (Care and Protection of Children) Act, 2000 and the Rules framed thereunder.
  • (ii) The revised written submissions and directions sought for by the petitioner (September, 2013), particularly the present state of implementation of the Juvenile Justice (Care and Protection of Children) Act, 2000 based on the Report of NALSA.
  • (iii)The response of the Ministry of Women and Child Development, Government of India (September, 2013) to the submissions made by NALSA on the basis of the above Report.

So far as the report of NALSA and the response of the Ministry of Women and Child Development, Government of India is concerned, the said Ministry will prepare 36 6

copies of these documents and supply them to the Member Secretary of NALSA who will forward the documents to the Member Secretary of the State Legal Services Authority of each State/ Union Territory.

Ms. Indu Malhotra, learned senior counsel will hand over the pen drive containing the report of NALSA to Mr.B.B. Sawhney, Senior Advocate within a week.

Similarly, Mr. Colin Gonsalves, learned senior counsel will prepare 36 copies of the present state of implementation of the Juvenile Justice (Care and Protection of Children) Act, 2000 based on the report of NALSA and have them delivered to Mr. B.B. Sawhney, Senior Advocate within a week so that the Ministry of Women and Child Development can have all the aforesaid three documents supplied to the Member Secretary of NALSA within four weeks, that is, by 13th March, 2015.

The Member Secretary of NALSA will forward all these documents to the Member Secretary of the State Legal Services Authority of each State/Union Territory within a week thereafter.

The Member Secretary of the State Legal Services Authority of each State/Union Territory will then prepare a detailed note on the basis of the documents and place it before the Juvenile Justice Committee of each High Court for consideration and necessary action.

List the matter on 10th April, 2015.

7

COURT MASTER COURT MASTER

(SANJAY KUMAR-I) (JASWINDER KAUR)

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