Disposed

Indian Child Welfare forum, v. The Government of Andhra Pradesh

Telangana HC16 Mar 2022PIL/306/2012

Case brief

AI extract

What is this about?

This PIL concerning allegations of tribal minors being forced into revolutionary movements was disposed of after the State submitted a report confirming apprehension of adult activists and return of minor children to relatives, requiring no further intervention.

What did the court decide?

No further orders; State directed to ensure early disposal of the pending criminal case.

Indian Child Welfare forum, Vs The… — Constitutional and Fundamental Rights | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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WEDNESDAY ,THE SIXTEENTH DAY OF IUARCH TWO THOUSAND AND TWENTY TWO

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PRESENT

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HONOURABLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI

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PIL NO: 306 OF 2012

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Between:

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lndian Child Welfare forum, Hyderabad

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...PETITIONER

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AND

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The Government of Andhra Pradesh,, Rep. by its Chief Secretary, Secretariat, Hyderabad.

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2 The Government of AP.,, Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad.

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3 The Director General of Police,, Government of Andhra Pradesh, Hyderabad. 4 The Government of Andhra Pradesh,, Rep. by its Secretary, Tribal Welfare Department, Secretariat, Hyderabad.

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5 The District Collector, Hyderabad. (RRs is suo motu impleaded as party Respondent No. 5 as per C.O. dated 2410912012 in PIL)

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...RESPONDENTS

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Petition under Article 226 of lhe Constitution of lndia^praying that in the circumstances stated in the Telegram dated 1810712012 sent by the petitioner herein this High Court may be pleased to issue an Order, direction, or a writ, more particularly one in the nature of Writ of [/andamus to call for remarks from the respondents herein relating to exploiting of innocent poor minor boys and girls in tribal area by the revolutionary organs and their front activists and compelling them into revolutionary parties and this Hon'ble Court may be pleased to issue necessary directions to the respondents herein for taking measures for welfare of the tribals from activists of revolutionary parties

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Counsel for the Petitioner: TELEGRAM

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Counsel for the Respondent No. 1: GP FOR GENERAL ADMINISTRATION/ THE ADVOCATE GENERAL

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Counsel for the Respondent No Nos. 2 & 3: GP FOR HOME/

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THE ADVOCATE GENERAL

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Counsel for the Respondent No. 4: GP FOR SOCIAL WELFARE/ THE ADVOCATE GENERAL

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Counsel for the Respondent No. 4: GP FOR REVENUE

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THE ADVOCATE GENERAL

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The Court made the following:

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THE HON'BLE TIIE CHIEF JUSTI CE SATISH CHANDRA SHARMA AND

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THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

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PUBLIC INTEREST LITIGATION No.3O6 of 2Ol2

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ORDER: Per the Hon'bte the Chief Justice Satish Chandra Sharma)

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The present public interest litigation has been registered before this Court based upon a telegram received by the High Court sent by the Indian Child Welfare Forum, Hyderabad, stating that innocent poor tribal minor boys and girls in large number are forced to join naxal movement by revolutionary party workers and leaders alleging themselves to be protectors of civil liberties.

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This Court has suo motu impleaded the District Collector, Hyderabad, as party respondent and he has filed a detailed and an exhaustive report.

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The report submitted by the District Collector & District Magistrate, Hyderabad, reveals that pursuant to the directions issued by this Court on 24.O9.2012, a report was called for from the Commissioner of Police, Hyderabad, and the Revenue Divisional Officer, Hyderabad, in the matter. The Commissioner of Police, after conducting an

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enquiry into the matter, has submitted a report on 31.10.2012 and the said report revea-ls that on 18tt and a 19th July, 2012, Amarula Bandu Mitrula Sangham, frontal organization of CPI Maoist, organised its two day 2na State Conference in Hyderabad. On 16.O7.2012, the police apprehended seven members belonging to Chaitanya Natya Munch, a cultural troupe and a frontal organisation of outlau.ed CPI (Moist) party'. along *,ith trvo members of Andhra Pradesh Civil Liberties Committee (APCLC). The details of the persons who were apprehended by the police are on record. The report reflects that the Commissioner of Police had registered a crime in Crime No.451 of 2Ol2 under Section 8(1) and (2) of the Andhra Pradesh Public Securities Act, 1.992, against seven members of Chaitanya Natya Munch and two APCLC members who were apprehended from Imlibun Bus Station on 16.O7.2012 and they are accused Nos.1 to 9. The report reveals that the State is proceeding ahead in the matter. It has further been stated that the police also produced six girls and five boys, who accompanied the members of Chaitanya Natya Munch cultural troupe, belore the Court and they were

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sent to the rescue homes. The rescue homes have finally handed over the minor children to their relatives.

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In the light of the aforesaid action taken by the State, this Court is of the considered opinion that no further orders are required to be passed in the matter and the State shal1 take all possible steps to ensure early disposal of the criminal case, which is pending in respect of the subject in question.

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With the aforesaid, the public interest litigation stands disposed of.

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The miscellaneous applications pending, if any, shall

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stand closed.

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SD/-K.AMMAJI ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

1 . The Chief Secretary, Government of Andhra pradesh,, Secretariat, Hyderabad.

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The Principal Secretary, Home Department, Government of Ap. secretariat, Hyderabad.

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The Director General of Police, Government of Andhra pradesh, Hyderabad 4. The Secretary, Tribal Welfare Department, Government of Andhra pradesh, S_ecreta riat, Hyderabad.

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TWo CCs to GP for GAD, High Court for the State of Telangana. [OUT] 6. Two CCs to GP for Home, High Court for the State of Tetangana. [OUi] 7. Two ccs to GP for Sociar Werfare, High court for the State ot retingana. lourl

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Two CCs to GP for Revenue, High Court for the State of Telangana. [OUT] 9. Two ccs to the Advocate Generar, High court for the state of ietangina. lourl

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10.Two CD Copies.

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1 1 . One Spare Copy

PM TR

--.---

HIGH COURT

DATED:1610312022

ORDER

PlL.No.306 of 2012

1 r{ e S TA 14:
oo 1 3 riAY 1.) / .\zo
H(' ')

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Disposing of the PIL Without costs. cr('* %,*-, (r,

Indian Child Welfare forum, v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Indian Child Welfare forum, v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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