Bombay High Court
Bachpan Bachao Andolan And Anr vs The State Of Maharashtra And Ors on 29 August, 2023
Bench: Nitin Jamdar, Smt Manjusha Deshpande
skn 1 901-PIL-108.2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE
PUBLIC INTEREST LITIGATION NO. 108 OF 2021
Bachpan Bachao Andolan and another. ... Petitioners.
V/s.
The State of Maharashtra and others. ... Respondents.
Mr.Tejesh Dande with Bharat Gadhvi i/b. Tejesh Dande &
Associate for the Petitioners.
Mr.P.P.Kakade, GP with Ms.R.A.Salunkhe, AGP
for the Respondent- State.
CORAM : NITIN JAMDAR, AND
MANJUSHA DESHPANDE, JJ.
DATE : 29 August 2023.
P.C. :
This Public Interest Litigation (PIL) is filed making a
grievance that the State of Maharashtra is not implementing the
directions issued by the Hon'ble Supreme Court in Writ Petition
No.473/2005 in the case of Sampurna Behura v. Union of India1.
Incidentally, Writ Petition No.473/2023 was filed by Petitioner
No.2 in this PIL. While disposing of the aforesaid writ petition, the
Hon'ble Supreme Court issued various directions, one of them was
copy of the judgment to be sent to the Registrar General of each
High Court for being placed before the Chief Justice of every High
1 (2018) 4 SCC 433
skn 2 901-PIL-108.2021.doc
Court for initiating suo motu proceedings. The direction reads as
under:
"94.16. Since the involvement of the State
Governments and the Union Territories is critical to child
rights and the effective implementation of the JJ Act, it
would be appropriate if each High Court and the Juvenile
Justice Committee of each High Court continues its
proactive role in the welfare of children in their State. To
make the involvement and process more meaningful, we
request the Chief Justice of every High Court to register
proceedings on its own motion for the effective
implementation of the Juvenile Justice (Care and
Protection of Children) Act, 2015 so that road-blocks if
any, encountered by statutory authorities and the Juvenile
Justice Committee of the High Court are meaningfully
addressed after hearing the governmental authorities
concerned. A copy of this judgment and order should be
sent by the Secretary General of this Court to the Registrar
General of each High Court for being placed before the
Chief Justice of every High Court for initiating suo motu
proceedings."
The learned counsel for the Petitioners states that suo motu petition
was initiated, however, the said suo motu petition which was
disposed of only dealt with infrastructural issues concerning child
friendly courts and, therefore, the present PIL is filed in respect of
implementation of other directions contained in the judgment. So
as to examine these contentions, the Registry shall place the papers
of Suo Motu Petition No.1/2018 on the next date along with this
PIL.
skn 3 901-PIL-108.2021.doc
2. The learned counsel for the Petitioners states that the
State Government has filed reply, however, it does not cover all the
aspects. He states that the chart will be prepared setting out the
directions of the Supreme Court, the response of the State and the
suggestions of the Petitioners for the intervention of the Court. The
chart be submitted in the office of the Government Pleader by 20
September 2023 and filed in this PIL.
3. Stand over to 27 September 2023 at 2.30 p.m.
4. The concerned officer will remain present in the Court
to instruct the learned Government Pleader so that the learned
Government Pleader will be able to make necessary statements
without we requiring to adjourn the petition for enabling him to take
instructions.
5. The learned Government Pleader will place the copy of
this order before the Secretary of the Women and Child
Development Department, Mantralaya, Mumbai so that the
Secretary can personally look into the issue involved in this PIL and
give necessary information to the office of the Government Pleader.
(MANJUSHA DESHPANDE, J.) (NITIN JAMDAR, J.)
