Punjab-Haryana High Court
Paramjit Kaur And Anr vs State Of Punjab And Others on 8 August, 2023
2023:PHHC:101934
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
104 CRWP-7772-2023 (O&M)
Date of decision : 08.08.2023
Paramjit Kaur and another
... Petitioners
Versus
State of Punjab and others
.. Respondents
CORAM :HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL
Present:- Mr. Dhawaljeet Dutta, Advocate for the petitioners.
Mr. Siddharth Attri, AAG, Punjab.
ae 3 2
Anupinder Singh Grewal, J. (Oral)
The petitioners are seeking a direction to the official respondents
to protect their life and liberty as they apprehend danger from private
respondents.
2. Learned counsel for the petitioners submits that petitioner No.1 is
17 years of age as per the Aadhar card while she is major and petitioner No.2 is
24 years old. The petitioners are stated to have sent a representation dated
19.07.2023 (Annexure P-3) to the Senior Superintendent of Police, Gurdaspur-
respondent No.2.
3. Issue notice to respondents No.1 to 3 only at this stage. At the
asking of the Court, Mr. Siddharth Attri, AAG, Punjab, accepts notice on
behalf of respondents No.1 to 3.
4. Heard. The Coordinate Bench of this Court, while examining the
issue of protection to the minors in the case of P...... Minor Through Vikram
v. State of Haryana and another (CRWP-2139-2022 (O&M), decided on
28.03.2022) and other connected matters, i.e. CRWP-2140- 2022 (O&M) and
SONIA GUGNANI
2023.08.08 13:53
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integrity of this document
Chandigarh
2023:PHHC:101934
CRWP-2250-2022 (O&M), had disposed of the matter by issuing directions to
the Senior Superintendent of Police to depute a Child Welfare Police Officer to
produce the minor before the Child Welfare Committee constituted under the
Juvenile Justice Act within a period of 01 week and other directions were
issued which read as under:-
"26. In view of the above, the petitions are partly allowed with
directions as under:-
1. The minor in all these cases happen to fall within
the definition of child in need of care and protection
as provided under section 2(14)(vii)(xii) of Juvenile
Justice (Care and Protection of Children) Act, 2015.
The Senior Superintendent of Police/Superintendent
of Police of the respective districts shall depute a
Child Welfare Police Officer to produce the
minor/child before the Committee constituted under
the Juvenile Justice (Care and Protection of Children)
Act 2015.
II. The respective Committee shall conduct enquiry
contemplated under Section 36 of the Juvenile Justice
(Care and Protection of Children) Act 2015 and pass
an appropriate order under section 37 of the said Act,
by associating all the stakeholder, and to ensure that
the objects of the Juvenile Justice (Care and
Protection of Children) Act 2015 are well served.
Ill. The Child Welfare Committee shall take
appropriate decisions with respect to the boarding and
lodging of the minor and also to conduct enquiry on
all issues relating to and affecting safety
and well-being of the child/minor.
IV. During the pendency of such adjudication and
passing of orders as contemplated under Section 37 of
the Juvenile Justice (Care and Protection of Children)
Act 2015, the committee shall also take appropriate
interim/decisions as regards placement of a
child/custody of the child in need of care and
protection.
V. The concerned SSPs/SPs_ shall also take
appropriate steps as warranted by law against the
threat perception to the minor as well as to their next
friend, through whom the minors have approved this
Court and to ensure that the respective petitioners are
protected from any physical harm at the instance of
the respondents in respective cases.
coun auennny VI. The petitioners are directed to appear in the office
2023.08.08 13:53
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2023:PHHC:101934
CRWP-7772-2023 (O&M) -3-
of SSP/SP of the respective Districts within a period
of 03 days from today, failing which the concerned
SSP/SP shall depute a Child Welfare Police Officer to
produce the minor before the Child Welfare
Committee within a period of 01 week thereafter.
VII. The Child Welfare Committee constituted under
the Juvenile Justice (Care and Protection of Children)
Act 2015, shall send a compliance report to this
Court."
5. In view of the above, the petition is disposed of in the same terms
as the judgment dated 28.03.2022, rendered in the case of P...... Minor
Through Vikram versus State of Haryana and another (supra).
The Senior Superintendent of Police, Gurdaspur (respondent No.2) is directed
to depute a Child Welfare Police Officer to produce petitioner No.2 before the
Committee constituted under the Juvenile Justice (Care and Protection of
Children) Act, 2015, within a week. The other directions issued in the case of
P...... Minor Through Vikram versus State of Haryana and another
(supra) shall also be applicable and complied with by all concerned.
6. Pending application shall stand disposed of accordingly.
(ANUPINDER SINGH GREWAL)
JUDGE
August 08, 2023
sonia gugnani
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
SONIA GUGNANI
2023.08.08 13:53
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integrity of this document
Chandigarh
