Latest Judgments

Sampurna Behrua v. Union of India and Others

Learned Additional Solicitor General has shown us a chart in compliance of our order dated 29-8-20161

(Madan B. Lokur and R.K. Agrawal, JJ.)

Sampurna Behrua _________________________________ Petitioner;

v.

Union of India and Others _________________________ Respondent(s).

(With appln. (s) for exemption from filing O.T. and exemption from personal appearance and interim directions and modification and permission to file additional documents and office report)

Writ Petition(s) (Civil) No(s). 473/2005, decided on September 23, 2016

The Order of the court was delivered by


Order

1. Learned Additional Solicitor General has shown us a chart in compliance of our order dated 29-8-20161. We have gone through the chart and find that the information made available is deficient. For example, it is not known when the computers were purchased, whether the computers are working, annual maintenance contract has been awarded, man power has been made available etc.

2. We direct the State Governments and Union Territories through the Chief Secretary to supply complete, full and necessary information in terms of the Integrated Child Protection Scheme with regard to availability of computers and peripherals both for Juvenile Justice Boards as well as for the Child Welfare Committees including whether computers and peripherals are in working order, man power is available, annual maintenance contract has been awarded and other necessary and relevant details.

3. This order be complied with positively within a period of three weeks from today. The information will be furnished in an affidavit by the concerned Chief Secretary or the Secretary in the Department of Women and Child Department (not by any junior official) to the Secretary of the Ministry of Women and Child Development of the Union of India for the purposes of being filed in this Court, if necessary.

4. Learned Additional Solicitor General says that the Ministry of Women and Child Development will compile all the information and make it available to learned counsel for the Petitioner as well as to this Court a couple of days before the next date of hearing.

5. We must record that we are somewhat dissatisfied with the response that we have received from the State Governments and Union Territories which appear to have shown only a passing interest in the welfare of children under their care and protection.

6. In terms of our order dated 15-2-20162, we have framed 15 issues for consideration. Pleadings are complete in respect of these 15 issues.

7. List the matter on 25th October, 2016 as a first item for hearing on these 15 issues. It is made clear that no adjournment will be granted and all necessary information should be obtained by the Union of India to assist this Court in respect of each of these 15 issues.

8. The States of Meghalaya and Kerala have filed an affidavit. There is no direction to file any affidavit. The Registry is directed to return the affidavit to learned counsel for the States of Meghalaya and Kerala. The Registry will not accept any affidavit unless specifically directed.

———

1 Sampurna Behrua v. Union of India, WP(C) No. 473 of 2005, order dated 29-8-2016(SC)

2 Sampurna Behura v. Union of India, (2018) 4 SCC 433, 453 (footnote 11) : (2018) 2 SCC (Cri) 521