(D.Y. Chandrachud and K.M. Joseph, JJ.)
Nilanjan Bhattacharya _____________________________ Petitioner;
v.
State of Karnataka and Others _____________________ Respondent(s).
Petition(s) for Special Leave to Appeal (C) No(s). 7146/2020, decided on August 28, 2020
(With I.R. and IA No. 50643/2020-Exemption From Filing C/C of the Impugned Judgment and IA No. 50645/2020-Exemption From Filing Affidavit and IA No. 50642/2020-Appropriate Orders/Directions and IA No. 50641/2020-Permission to File Additional Documents/Facts/Annexures)
Petition(s) for Special Leave to Appeal (C) No(s). 7146/2020; WPHC No. 93/2019; IA No. 50643/2020; IA No. 50645/2020; IA No. 50642/2020; and IA No. 50641/2020
The Order of the court was delivered by
Order
1. The High Court, by its order dated 7 April 2020, allowed the habeas corpus petition filed by the petitioner who is the father of a three and a half year old minor child and has permitted the child to be taken to New Jersey, US where the petitioner ordinarily resides. The child is a US citizen.
2. Though notice has been issued by this Court on two occasions, the second respondent has not appeared. The Special Leave Petition is directed against the conditions (a) and (b) which have been imposed by the High Court in its impugned order. While the Court is conscious of the fact that the Special Leave Petition merely challenges the conditions subject to which the habeas corpus petition has been allowed, the welfare of a minor child of less than five years of age is involved in the present case. Having regard to the nature of the jurisdiction of this Court, we are of the view that the ends of justice would be served if an amicus curiae is appointed to assist the Court since the second respondent has not entered appearance through counsel. The office report dated 25 August 2020 indicates that service has been effected.
3. Mr. Prabhjit Jauhar, learned counsel appearing on behalf of the petitioner, states that the child is presently with the maternal grand-parents at Vadodara.
4. We request Ms. Vibha Datta Makhija, senior counsel to assist the Court as amicus curiae. Ms. Makhija would be at liberty to furnish the name of an advocate to the Registry who would assist her in the matter. The Registry shall prepare and forward a complete set of papers to the amicus curiae.
5. List the Special Leave Petition on 9 September 2020.
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