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Judgment
Pursuant to our order dated 8th September, 2022, learned Senior Counsel for the petitioners submits that only the respondent No.5 – Vishwa Balak Kendra, Nerul, permitted the parents of the children kept in the said Observation Home, to meet the children i.e. the children mentioned at serial Nos.7 to 11 in Exhibit-A on page No.21 of this petition. Learned Senior Counsel submits that respondent No.4, despite the order dated 8th September, 2022, did not permit the parents to meet their children i.e. the children mentioned from serial Nos.1 to 6 in Exhibit - A on page No.21 of this petition.
Learned PP seeks time to take instructions as far as the respondent No.4 is concerned. A responsible officer from the respondent No.4 to remain present on the next date.
Learned PP submits that the 164 statements of the children from serial Nos.2 to 6 at Exhibit – ‘A’ at page No.21, are to be recorded before the learned Magistrate and that the parents of the said children be directed to remain present before the learned Magistrate on 19th September, 2022 at 10.30 a.m. She submits that till then, the parents should not be permitted to meet their children.
Mr. Desai assures that the parents of the said children will remain present before the learned Magistrate on 19th September, 2022 at 10.30 a.m.
At this stage, learned Senior Counsel for the petitioners apprehends that the CWC Officers will coerce and force the children to given a statement in a particular way. We feel that the said apprehension can well be taken care of, by directing the learned Maigstrate to interact with all the children prior to recording of the statement, by ensuring that the statement so given by the children is made on their own volition, uninfluenced by any person or any officer.
Needless to state, that the learned Magistrate to ensure and take utmost care that child friendly procedure is followed and atmosphere maintained.
Stand over to 20th September, 2022 at 5.00 p.m. in Chambers.
Learned P.P., to forthwith communicate the said order to the learned Judicial Magistrate, First Class, Belapur Court, Court Room No.07.
All concerned to act on the authenticated copy of this order.