In the matter Of Oversight disappearance vs State Of Uttarakhand And Others

Ramesh Ranganathan, C.J.

This writ petition was taken up as a public interest litigation on the basis of a newspaper report dated 14.09.2018 published in the Times of India wherein it was stated that, on a sudden inspection of an Ashram at Sahaspur in Dehradun by the Uttarakhand State Commission for Protection of Child Rights, 18 children were found to have disappeared from the Ashram.

On behalf of the State, Mr. Paresh Tripathi, learned Chief Standing Counsel took notice and, thereafter, a counter affidavit has been filed. In his counter affidavit, the District Magistrate, Dehradun has stated thus:

"...........it is stated that in regard to the available arrangement in the aforesaid Ashram the team was constituted in the Chairman of City Magistrate for inquiry. The aforesaid committee made inspection of the spot and found that there is certain shortcoming in regard to physical structure and security arrangement and thereby recommended the case of the aforesaid Ashram for registration afresh. True / Correct typed version / copy of the report of the Committee is being herewith and marked as Annexure No. CA 3 to this affidavit.

That as by the aforesaid Ashram the children are not being admitted and discharged through Child Welfare Committee and as there are no proper arrangements for the children, therefore, the office of the deponent vide letter dated 15.09.2018 wrote to the Chairman / Member, Child Welfare Committee for making inquiry of the Ashram. True / Correct typed version / copy of the letter dated 15.09.2018 is being herewith and marked as Annexure No. CA 4 to this affidavit.

That it is stated that the Chairman of the Child Welfare Committee, Smt. Kavita Sharma and Member Dr. Sudha Devrani along with other members of the aforesaid Committee i.e. Smt. Vimla Nautiyal, Sri Sudhir Bhatt and Sri Indrajai made inspection on 19.09.2018 and thereby submitted their joint report on 22.09.218. In the aforesaid report the Committee stated that from August 2017 till date 14 children were given admission in the aforesaid Ashram whereas the 32 children were discharged and same were handed over to their guardians. As per the record, on the date of inquiry 22 boys and 17 girls are residing in the Ashram. In this regard, District Magistrate ordered vide letter dated 27.09.2018 to the Child Welfare Committee of Dehradun to make inquiry / physical verification of 32 children (boys/girls) who have been given in the custody of the guardians from the concerned CWC of State / District for the same. Annexure No. CA5. The District Magistrate in aforesaid matter had given letter dated 27.09.2018 to concern District Magistrate regarding the 32 children (boys/girls) who have been given in the custody of the guardians Annexure No. CA 5 The present matter not seems to be missing the 18 kids from the aforesaid Ashram. True / correct typed version / copy of the report dated 22.09.2018 is being filed herewith and marked as Annexure No. CA 5 to this affidavit.

That the deponent after having knowledge of the news item dated 14.09.2018 constituted a committee in the Chairmanship of the City Magistrate and also handed over the inquiry to the Child Welfare Committee. The aforesaid two committees i.e. the committee headed by City Magistrate, Dehradun and Child Welfare Committee submitted their report in which there is no mention regarding missing of 18 children from the Ashram known as Hari Om Ashram Kadwapani Nyas Karbari Bhuddi P.O. Karbari Shimla Bypass Road, Dehradun. However, in regard to the structure of the Ashram Bhawan security etc. the inspection is being done by the office of District Magistrate. It is also stated that vide Government Order dated 10.08.2018 the Government directed to make inspection of the child shelter homes through independent committees and therefore, in furtherance of the same the deponent has constituted an independent inquiry committee at the District Level for inspection of child shelter homes, in which the social workers, Psychologist, Pediatrician and Deaf and Dumb Specialist are also included. At present the aforesaid committee has inspected 7 child shelter homes situated within district Dehradun and regarding rest of the child homes the work of inspection is in progress. However, the committee has not submitted its report till date and as and when the same will be submitted the action will be taken accordingly. True / Correct typed version / copy of the Government Order dated 10.08.2018 is being herewith and marked as Annexure No. CA 6 to this affidavit."

While there appears several shortcomings both in the respect of the infrastructure available and, the security arrangements provided at the subject Ashram, the Authorities appear to have recommended that the case of the Ashram, for registration, be examined afresh. In so far as the missing 18 children are concerned, the counter-affidavit refers to a joint inspection report submitted on 19.09.2018 by the Committee consisting of the Chairman, Child Welfare Committee and a member of the CWC, along with three other members. In their joint report, the Committee has stated that 32 children were handed over to their guardians; on the date of inspection, 22 boys and 17 girls were residing in the Ashram; the Child Welfare Committee was directed, by the letter of the District Magistrate dated 27.09.2018, to cause a physical verification of the 32 children who had been given in custody, to the guardians, by the CWC; the District Magistrate, Dehradun had written letters to all the concerned District Magistrates regarding these 32 children; and it did appear that 18 children were missing from the aforesaid Ashram. Subsequently, by affidavit dated 19.11.2018, the District Magistrate, Dehradun secured verification reports with regards all these 32 children; except for one girl, all the other children were found to be with their guardians; the missing girl is one Ms. Priya Tiwari, who is said to have resided earlier at Delhi but was not found to be residing at the said address, when the verification was conducted.

Mr. Paresh Tripathi, learned Chief Standing Counsel for the State of Uttarakhand would assure this Court that efforts would continue to trace the girl, and to ensure that she is in the safe custody of her guardian.

As the compliance report records that, of the 32 children discharged from the Ashram, 31 have been traced and are found to be living with their respective guardians; and in the light of assurance given by Mr. Paresh Tripathi, learned Chief Standing Counsel, that the Government of Uttarakhand would continue its efforts in tracing the girl who, along with her parents, had left their last known address at Delhi, we see no reason to keep this writ petition pending on the file of this Court.

Recording the aforesaid submissions of Mr. Paresh Tripathi, Chief Standing Counsel for the State of Uttarakhand, the writ petition is closed.