Chaita Bediya vs State Of Jharkhand

The sealed cover containing the statements of the minor girl recorded in Camera by learned Judicial Magistrate, 1st Class, Ranchi pursuant to the order dated 6th September, 2021 has been opened in Court. We have perused the statement of the minor girl recorded on 7th September, 2021 in Camera by Smt. Shilpa Murmu, learned Judicial Magistrate, 1st Class, Ranchi. We have also perused the report submitted by District Social Welfare Officer -cum-Incharge, Child Welfare Committee, Ranchi through letter dated 11th September, 2021 bearing no. 797 in a sealed cover, which has been opened in Court.

On consideration of the report of the Chairman, District Child Welfare Officer-cum- Incharge, Child Welfare Committee, Ranchi and the statement of the minor girl recorded in camera by learned Judicial Magistrate, 1st Class, Ranchi, we are of the considered opinion that the decision on the question of continuance of protective custody of the minor girl in question should be taken by the Child Welfare Committee.

Learned Advocate General has informed that on the interlocutory application of the State learned Coordinate Division Bench of this Court in L.P.A. No. 1052 of 2018 has, by order dated 8th September, 2021 directed that the tenure of the Chairperson and the member of the Child Welfare Committee which has expired on 31st August, 2021 be extended for a period of two and half months. Learned Advocate General submits that new appointments have to be made on the recommendation of Selection Committee, in the meantime. He submits that District Child Welfare Officer, Ranchi, who was officiating Incharge Chairman, Child Welfare Committee and the Child Development Project Officer, Ranchi Sadar and Nagri who were officiating as Members, Child Welfare Committee have ceased to officiate in the light of the order passed by the Hon'ble Court in the P.I.L. The C.W.C shall continue to function.

Let three set of Xerox copies of the statement of the minor girl recorded on 7th September, 2019 be made by the office and be kept in a sealed cover. The three set of Xerox copies of the statement of the minor girl kept in the sealed cover shall be provided to learned Advocate General during course of the day by the concerned official of the Registry through a forwarding letter for being produced before the Child Welfare Committee, Ranchi latest by 10.30 am. tomorrow. The other reports of the Child Welfare committee submitted in a sealed cover before this Court are already on record before the CWC. The CWC Ranchi, Ranchi is expected to take a decision on the issue of continuance of protective custody of the minor girl by 15th September, 2021. The decision so taken shall be produced in a sealed cover to this Court by the close of office hours on 15th September, 2021. The same be placed on record on 16th September, 2021 when the matter shall be taken up.

The CWC, Ranchi shall submit its decision together with other relevant documents, if any, in two copies in two separate sealed cover through Advocate General for perusal and consideration of this Court.

List the case on 16th September, 2021.