Court steps in as guardian for minors seeking protection after leaving their guardians: HC
Chandigarh: Where a minor claims to have abandoned her guardian and approached the court through a self-proclaimed friend or guardian, the court must step in as guardian and take all necessary steps to protect the life and liberty of the minor, the Punjab and Haryana high court has ruled.
In such situations, the court must also do what would be in the best interest of the minor as per the procedure known to law.
Justice Harsh Bunger passed these orders while hearing a petition in which a minor girl from Pathankot in Punjab approached the high court through her 'next friend', seeking protection for her life.
While referring to some past rulings, the high court observed in its June 11 order, released on Thursday: "The court has to take responsibility to ensure that the fundamental right of such a minor to claim protection of his or her life and liberty is made available and to ensure that the protection of the statute is not violated."
In this case, the petitioner, a 17-year-old girl living with her friend Preety, a social worker, stated that her father had expired and her mother was a housewife, and her brother was a jobless drug addict. It was alleged that her brother threatened and beat her up and even attempted to force her into human trafficking for drugs and other illegal purposes.
She claimed that she was rescued by the social worker and her brother was issuing threats to them.
Seeking directions to restrain her brother from interfering with her peaceful life, it was claimed that despite the submission of the representation to the SSP Pathankot, no action was taken to date.
After hearing the matter, the court observed: "The minor in all these cases happens to fall within the definition of a child in need of care and protection as provided under the Juvenile Justice (Care and Protection of Children) Act 2015.
The SSP Pathankot shall depute a child welfare officer to produce the minor or child before the committee constituted under the Juvenile Justice Act 2015. The committee shall conduct an inquiry and pass an order by associating all the stakeholders and ensure that the objects of the act are well served.
"
The judge further held that the child welfare committee shall take appropriate decisions with respect to the board and lodging of the minor and conduct an inquiry on all issues relating to, and affecting the safety and well-being of the minor as well as their next friend, through whom she approached the HC.
The high court also directed the SSP Pathankot to send a compliance report of these directions.
MSID:: 121801802 413 |
Follow more information on
Air India plane crash in Ahmedabad here
. Get
real-time live updates
on rescue operations and check
full list of passengers onboard AI 171
.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Time of India
2 days ago
- Time of India
HC upholds tribunal verdict rejecting bizman's claim over land in Uppal
Hyderabad: The Telangana high court has upheld the 2012 ruling of the Special Tribunal for Land Grabbing declaring a businessman as land grabber for unlawfully occupying private property in Chilukanagar near Uppal in Hyderabad. A division bench of Justices T Vinod Kumar and P Sree Sudha recently dismissed the writ petition challenging the tribunal's decision, affirming that the petitioner lacked valid title over the disputed 225 square yards, which included a house and open space. The businessman had claimed he purchased the land via a registered sale deed and constructed a house after securing the required permissions. He argued that the tribunal erred by disregarding the oral and documentary evidence submitted in his favour and by misinterpreting key documents. In response, the opposite party (respondent in this case), in whose favour the tribunal had ruled earlier, asserted he was the rightful owner, having bought the land through a registered sale deed from a vendor with a valid title. He alleged that the petitioner illegally occupied the property, built a compound wall, and erected a temporary shed. Despite complaints made to revenue authorities in Dec 2008, the petitioner failed to vacate the land. After hearing both sides and reviewing the oral and documentary evidence, the HC concluded that the businessman's title deeds were executed after those of the respondent. It noted that the respondent's registered sale deed, being prior in time and legally valid, serves as public notice and holds greater legal weight. Therefore, any subsequent transfer of title in favour of the petitioner was considered illegal and could not confer ownership, the HC said. Further, referring to relevant Supreme Court rulings, the bench found that the petitioner failed to establish lawful possession or ownership and ruled in favour of the respondent, declaring him the rightful owner and confirming the petitioner as a land grabber. Follow more information on Air India plane crash in Ahmedabad here . Get real-time live updates on rescue operations and check full list of passengers onboard AI 171 .
Time of India
2 days ago
- Time of India
Vijay Rupani's Chilling Last Visuals from Doomed Air India Flight AI171
A heartbreaking final photo and video of former Gujarat CM Vijay Rupani has emerged—captured just minutes before the Air India Flight AI171 crash. The late leader was seen boarding and seated on the doomed flight, moments before tragedy struck. Another video from a British passenger onboard has also gone viral. While over 200 were killed, one shocking survivor walked away. Watch as we break down the final visuals and unfolding aftermath of the fatal crash. Read More
Time of India
2 days ago
- Time of India
Court steps in as guardian for minors seeking protection after leaving their guardians: HC
Chandigarh: Where a minor claims to have abandoned her guardian and approached the court through a self-proclaimed friend or guardian, the court must step in as guardian and take all necessary steps to protect the life and liberty of the minor, the Punjab and Haryana high court has ruled. In such situations, the court must also do what would be in the best interest of the minor as per the procedure known to law. Justice Harsh Bunger passed these orders while hearing a petition in which a minor girl from Pathankot in Punjab approached the high court through her 'next friend', seeking protection for her life. While referring to some past rulings, the high court observed in its June 11 order, released on Thursday: "The court has to take responsibility to ensure that the fundamental right of such a minor to claim protection of his or her life and liberty is made available and to ensure that the protection of the statute is not violated." In this case, the petitioner, a 17-year-old girl living with her friend Preety, a social worker, stated that her father had expired and her mother was a housewife, and her brother was a jobless drug addict. It was alleged that her brother threatened and beat her up and even attempted to force her into human trafficking for drugs and other illegal purposes. She claimed that she was rescued by the social worker and her brother was issuing threats to them. Seeking directions to restrain her brother from interfering with her peaceful life, it was claimed that despite the submission of the representation to the SSP Pathankot, no action was taken to date. After hearing the matter, the court observed: "The minor in all these cases happens to fall within the definition of a child in need of care and protection as provided under the Juvenile Justice (Care and Protection of Children) Act 2015. The SSP Pathankot shall depute a child welfare officer to produce the minor or child before the committee constituted under the Juvenile Justice Act 2015. The committee shall conduct an inquiry and pass an order by associating all the stakeholders and ensure that the objects of the act are well served. " The judge further held that the child welfare committee shall take appropriate decisions with respect to the board and lodging of the minor and conduct an inquiry on all issues relating to, and affecting the safety and well-being of the minor as well as their next friend, through whom she approached the HC. The high court also directed the SSP Pathankot to send a compliance report of these directions. MSID:: 121801802 413 | Follow more information on Air India plane crash in Ahmedabad here . Get real-time live updates on rescue operations and check full list of passengers onboard AI 171 .
