PRATIDHI Vs. NCT OF DELHI

JUDGEMENT

(1.) Petitioner Pratidhi, a non-Government Organization has filed this writ petition assailing the order dated 31.5.1999, passed by the Additional District Judge. By the impugned order, the learned Additional District Judge allowed the appeal, filed by respondent No. 3 housekeeper of minor and set aside the order of eviction and sealing of the premises bearing No. D-66, Dayanand Block, Shakar Pur, New Delhi, passed by the Juvenile Welfare Board dated 20.3.1999.

(2.) The Juvenile Welfare Board had passed the order dated 20.3.1999, on an application of the petitioner, who claimed that the minor was being ill-treated and exploited by respondent No. 3. It was claimed that House No. D-66, Dayanand Block, was attempted to be sold by respondent No. 3 to the detriment of the minor. The appeal of respondent No. 3 housekeeper, had been allowed by the Additional District Judge, holding that the Juvenile Justice Act 1986, did not empower, the Board to deal with the property of minor juvenile or to pass such an order.

(3.) The present writ petition raised only a short legal question regarding the power and jurisdiction of the Juvenile Welfare Board to pass the order dated 20.3.1999, which had been set aside by the impugned order dated 31.5.1999 passed by Additional District Judge. The writ petition could have been simply disposed of by deciding the above question. However, the sight of the diminutive, hapless 15 years orphan minor girl, sitting in Court with prospect of continuing in Nirmal Chaya Remand Home of the Juvenile Welfare Board looming large, impelled me to depart from the usual legal procedure and norms to travel beyond the scope of the relief sought in the writ petition and to act as "parens patriae" to the minor by giving directions for her rehabilitation, education and for control and management of her property.