Rescue Foundation vs. Senior Police Officer Shahada Police Station

ITEM NO.55 COURT NO.2 SECTION II-A

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

Petition(s) for Special Leave to Appeal (Crl.) No(s). 6753/2017

(Arising out of impugned final judgment and order dated 24-08-2017 in CRLWP No. 325/2017 passed by the High Court Of Judicature At Bombay at Aurangabad)

RESCUE FOUNDATION Petitioner(s)

VERSUS

SENIOR POLICE OFFICER SHAHADA POLICE STATION & ORS.Respondent(s)

(FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 87296/2017 and IA No.90557/2017-PERMISSION TO FILE ADDITIONAL DOCUMENTS)

Date : 01-12-2017 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE J. CHELAMESWAR HON'BLE MR. JUSTICE SANJAY KISHAN KAUL

	For Petitioner(s)	Mr. Abhishek Bharti, Adv.
		Mr. Balaji Srinivasan, AOR
		Mr. Wesley Basil Menezes, Adv.
		Mr. Arunava Mukherjee, Adv.
		Ms. Vaishnavi Subrahmanyam, Adv.
		Ms. Pratiksha Mishra, Adv.
	For Respondent(s)	Mr. Nishant Ramakantrao Katneshwarkar, AOR
		Mr. Arpit Rai, Adv.

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

Purusant to the earlier order dated 22nd November, 2017, the Chief Secretary submitted a Report regarding the credibility of the petitioner-organisation herein.

Digitally signed by DEEPAK MANSUKHANI Date: 2017.12.01 18:00:17 IST Reason: Signature Not Verified

Perused the report.

Having regard to the content of the Report, we are satisfied that the petitioner-organisation is carrying on some good work and taking care of the children in need of protection and care, as mentioned in the Juvenile Justice(Care and Protection of Children) Act, 2015(hereinafter referred to as "the Junvenile Justice Act'). We, therefore, deem it appropriate that the 18 children, referred to in the earlier order mentioned above, as and when produced before the Registrar, Aurangabad Bench of the Bombay High Court, be handed over to the custody of the petitioner-organisation pending final enquiry into the question regarding the appropriate final arrangement as to their custody.

We must mention here that earlier, pursuant to the orders of the Bombay High Court in Writ Petition No. 325 of 2017 dated 24.8.2017, the Child Welfare Committee in Nandurbar, by its proceedings dated 25.8.2017, handed over the custody of the children produced before it, to the claimants(persons claiming to be either parents or other close relatives of the rescued children).

In view of the material available on record, there appears to be some doubt regarding the welfare of the minor children, if their custody is given to persons claiming to be their custodian, as indicated above. Therefore, we deem it appropriate to direct that once the children are produced, a further enquiry be conducted into the aspect of the matter by the Principal District Judge, Aurangabad. The inquiry will further be in accordance with the

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provisions of the Juvenile Justice Act.

Having regard to the facts disclosed by the record, we also deem it appropriate to request the High Court that there is a need to counsel Mr. Anirudh Paathak, J.M.F.C., Court Shahada, regarding his obligations and duties under the Act.

List the matter immediately after winter vacation.

(DEEPAK MANSUKHANI) (RAJINDER KAUR) AR CUM PS BRANCH OFFICER