The High Court of Kerala directed the Child Welfare Committee to decide on the petitioner's application for the release of his child, alleging abuse, within two weeks, adhering to Juvenile Justice Act principles.
Directed the second respondent to consider the petitioner's application for the release of the child and pass orders within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 22ND DAY OF NOVEMBER 2022 / 1ST AGRAHAYANA,
1944
WP(C) NO. 34068 OF 2022
PETITIONER/S:
MD RAYEES @ RAIS AGED 37 YEARS S/O. INSO, BHORHA VILLAGE, WARD NO. 8, BALHAMPUR P.O., RAIPURA, SIMRI, SEHARSA, BAKTHIYARPUR, BIHAR , PIN - 852127 BY ADV S.K.SAJU
RESPONDENT/S:
1 STATE OF KERALA REP. BY ITS SECRETARY TO THE GOVERNMENT, WOMEN & CHILD DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 CHILD WELFARE COMMITTEE KOZHIKODE DISTRICT REP. BY ITS CHAIRMAN, GOVERNMENT CHILDREN'S HOME, VELLIMADUKUNNU, KOZHIKODE , PIN - 673009 3 SHO OF POLICE PANTHEERANKAVU POLICE STATION KOZHIKODE DISTRICT , PIN - 673019
OTHER PRESENT:
P.S. APPU -GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 22nd day of November, 2022
The petitioner is a permanent resident of Aligar in Uttar Pradesh. Petitioner's daughter was given to the care and custody of Dr.Mirza Mohammed Kamran and his wife Mrs.Ummme Rooman. As the said couple are residing in Calicut, they brought down the child to Calicut. The child was alleged to have been physically abused by the above mentioned persons, resulting in a crime being registered against them. The petitioner's daughter was thereupon lodged at the Government Children's Home in Kozhikode at the intervention of the Child Welfare Committee. On coming to know about the incident, the petitioner came down to Kozhikode and approached the Child Welfare Committee with an application seeking release of the child. The application is still pending consideration. In the meanwhile, the investigating agency wanted to take the
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petitioner's statement. Pursuant to this Court's
direction, the petitioner appeared before the investigating officer and gave statement.
petitioner and the learned Government Pleader.
Committee to take a decision on the application,
adverting to the principles enunciated in Section 3 of the Juvenile Justice (Care and
Protection of Children) Act, 2015 and other
relevant aspects.
The writ petition is hence disposed of
directing the second respondent to consider Ext.P1 application and pass orders thereon within two weeks of receipt of a copy of this
judgment.
Scl/22.11.2022
Sd/- V.G.ARUN JUDGE
W.P.(C) No. 34068 of 2022
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PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PETITION DATED 11.10.2022 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P2 TRUE COPY OF THE AADHAR CARD OF THE PETITIONER Exhibit P3 THE TRUE COPY OF THE AADHAR CARD OF THE PETITIONER'S CHILD 'NAJIS KHATUN' Exhibit P4 TRUE COPY OF THE PETITION DATED 17.10.2022 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT
2 issues framed by the court
Whether the Child Welfare Committee is required to expeditiously consider the petitioner's application for the release of the child lodged in the Government Children's Home.
Whether the second respondent must dispose of the pending application within a specified time frame.
1 provisions across 1 enactments
MD Rayees @ Rais
State of Kerala
Child Welfare Committee Kozhikode District
Sho of Police Pantheerankavu
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
