JASODA SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner, Jasoda Singh, by filing an application under Article 227 of the Constitution prayed for setting aside of the order dated 17. 8. 2006 passed by the learned Single Member of the Child Welfare Committee, salt Lake, Kolkata, in CWC Case No. 106/s/06. The said order was passed in response to an application dated 4th May, 2006 filed by the present petitioner under section 39 of the Juvenile Justice (Care and Protection Children) Act, 2000 for restoration of the alleged child victim, Honey Singh alias Simi Malhotra alias Dipika.

(2.) THE petitioner also sought for a direction for restoration of the said child to the petitioner's custody as well as for other reliefs in accordance with law.

(3.) THE backdrop of the present controversy may briefly be summed up as follows: honey Singh alias Simi Malhotra was a mentally as well physically challenged young girl. Her parents, Shankar Singh and his wife, were unable to take due care of her. They requested the petitioner, Jasoda Singh and her husband-who are closely related to take charge. The petitioner and her husband thus functioned as foster parents. After about a year, the petitioner was informed that the said Shankar Singh had committed suicide and his wife disappeared. There was no trace of them for more than seven years. Honey Singh was operated at Rameswara Nursing Home and thus, could recover from her physical problems. The husband of the petitioner spent about Rs. 1 lakh for such treatment. But her mental condition remained the same. The doctors, however, assured that menial condition would also gradually improve. A private tutor was engaged for the said Honey Singh. She was also very close to Kanchan Singh, the daughter of the present petitioner and also the mother of a child boy and had been living with the petitioners family. On 4th April, 2006, the opposite party Nos. 2 and 3 allegedly rescued Honey singh and four other female children from room No. 207 of VIP International hotel, 51. Free School Street Kolkata, where they had allegedly been brought for prostitution. It was alleged that those girls were also meant for being sold and sent out. On 5. 4. 2006, the said opposite party Nos. 2 and 3 produced Honey Singh and the four other female children before the learned Court of Chief metropolitan Magistrate, Calcutta in connection with section KI (DD) Case no. 100 dated 4. 4. 2006 under section 372/373/120b of the Indian Penal Code. The opposite party Nos. 2 and 3 were directed to produce them before the child Welfare Committee (hereinafter referred to as 'cwc'), Salt Lake, kolkata. In pursuance of the said order dated 5. 4. 2006, O. P. No. 3 produced Honey singh before the CWC, Salt Lake, Kolkata, as Simi Molhotra alias dipika, a 14 year old child victim girl in the said criminal case on 6th April, 2006. On 4. 5. 2006, the petitioner filed an application under seclion39 of the juvenile Justice (Care and Protection of Children) Act, 2000 before the CWC. Salt Lake, Kolkata for restoration other foster daughter, Honey Singh, the said alleged child victim girl. But the CWC neither issued any notice to the opposite party No. 3 nor fixed any date for hearing. The petitioner had been fostering Honey Singh all along and having the actual charge or control over her. She also filed an application before the cwc for permission to meet for foster daughter in the Liluah Home. By order dated 8. 5. 2006, the CWC after recording that the petitioner had reared the said child girl, refused to allow her to have such meeting. Being aggrieved by such order, the petitioner moved this Court. This Court by order dated 16. 6. 2006 allowed the same.