Disposed

Adv.T.M.Sudheer v. Home Secretary Union of India

Kerala HC9 Mar 2018WP(C)/38898/2016

Case brief

AI extract

What is this about?

A PIL petition sought directions to trace a child in a video and constitute a special investigation team to ensure child safety. The Court held that investigation and safety measures are the bounden duty of the respondents, dispensing with the petition.

What did the court decide?

The petition was closed as it is the bounden duty of the Respondents to investigate and ensure child safety.

Adv.T.M.Sudheer Vs Home Secretary Union of India — Child Custody and Guardianship | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE THE CHIEF JUSTICE MR.ANTONY DOMINIC &

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THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU

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FRIDAY, THE 9TH DAY OF MARCH 2018 / 18TH PHALGUNA, 1939

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WP(C).No. 38898 of 2016

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PETITIONER(S)

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ADV.T.M.SUDHEER THETTILAMALIYIL HOUSE, NELLIKUZHI P.O., COMANIPADY, KOTHAMANGALAM, ERNAKULAM.

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BY ADV.SRI.ELDHOSE ELIAS

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RESPONDENT(S):

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HOME SECRETARY UNION OF INDIA MINISTRY OF HOME AFFAIRS, NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI-110001

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NODEL CELL OFFICER, OFFICER MONITORING ACTION TO COMBAT HUMAN TRAFFICKING, OFFICE OF THE MINISTRY OF HOME AFFAIRS, NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI-110001.

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HOME SECRETARY, STATE OF KERALA, MAIN BLOCK, SECRETARIAT, THIRUVANANTHAPURAM.

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DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, TRIVANDRUM-695010.

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INSPECTOR GENERAL OF POLICE, ANTI HUMAN TRAFFICKING UNIT, CBCID HURT AND HOMICIDAL WING POLICE HEAD QUARTERS, TRIVANDRUM - 695010.

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R3-R5 BY GOVERNMENT PLEADER SRI.SURIN GEORGE IPE R1 & R2 BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL BY SMT C G PREETHA, CGC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 38898 of 2016 (S)

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE VIDEO CLIPPINGS RELATING TO CHILD AMPUTATION.

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CSS/

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Antony Dominic, C.J. & Dama Seshadri Naidu, J.

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WPC No.38898 of 2016

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Dated this the 9^th day of March, 2018

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JUDGMENT

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Antony Dominic, C.J.

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The writ petition is filed in public interest and the prayers read as under:

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i) to issue a writ of mandamus or any other writ, order or direction directing the respondents to trace the child shown in Ext.P1 Video clippings and save his life without delay.

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ii) to issue a writ of mandamus or any other writ, order or direction directing the 3^rd & 4^th respondents to constitute a permanent special investigation team to look into the crimes reported in the youtube, whats app etc.

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iii) to issue a writ of mandamus or any other writ, order or direction directing the respondents to take immediate steps to ensure the safety of children in Kerala especially in the light of so many child abduction news reported recently.

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In so far as the first prayer is concerned, the counter

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affidavit filed on behalf of the fourth respondent shows that the

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High-Tech Crime Enquiry Cell, Police Headquarters has conducted an enquiry into a whats app video having 50 secs. duration with a scene of beating a small child with a stick. It is

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WPC No.38898/2016 2

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stated that on verifying the video clip, conversation could be heard throughout the video, in some strange language. According to the fourth respondent, the root of the video could not be traced out since a common server is not being maintained by whats app and on account of their unwillingness to share the information to anyone except US authorities.

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As regards the second prayer, we are of the view that even in the absence of any direction from this Court, it is the bounden duty of respondents 3 and 4 to investigate into the crimes reported and also to take steps to ensure the safety of children in the State. In such circumstances, this writ petition is closed.

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Sd/Antony Dominic Chief Justice

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Sd/Dama Seshadri Naidu Judge

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Adv.T.M.Sudheer v. Home Secretary Union of India

Case brief

What is this about?

What did the court decide?

Adv.T.M.Sudheer v. Home Secretary Union of India

Case brief

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