Habeas Corpus Plea Not Maintainable Against Custody Ordered By Child Welfare Committee: Allahabad High Court
The Allahabad High Court has reiterated that a Habeas Corpus petition against order of the Child Welfare Committee passed under Section 29(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015. Amongst other, Justice Sandeep Jain relied on the decision of Full Bench of the Allahabad High Court in Rachna and Another vs. State of UP and Others wherein it was held that,“If...
The Allahabad High Court has reiterated that a Habeas Corpus petition against order of the Child Welfare Committee passed under Section 29(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015.
Amongst other, Justice Sandeep Jain relied on the decision of Full Bench of the Allahabad High Court in Rachna and Another vs. State of UP and Others wherein it was held that,
“If the petitioner corpus is in custody as per judicial orders passed by a Judicial Magistrate or a Court of Competent Jurisdiction or a Child Welfare Committee under the J.J. Act. Consequently, such an order passed by the Magistrate or by the Committee cannot be challenged/assailed or set aside in a writ of habeas corpus.”
Petitioner-corpus' husband filed a Habeas Corpus petition seeking custody of his wife alleging that she was being illegally withheld by the State in Rajkiya Bal Grah (Balika), Vrindavan, Mathura.
Counsel for State argued that the corpus was being held based on a judicial order and a habeas corpus writ petition was not maintainable.
The Court relied on Mayank Ojha (Minor) vs. State of UP Thru. Home Secretary Lko. and others, where the Allahabad High Court held that JJ Act is a compete code in itself which provides mechanism to challenge orders passed therein. It held
“Thus, the person aggrieved by an order passed by the Child Welfare Committee can file an appeal under Section 101 of the Juvenile Justice Act, 2015. Further, the Juvenile Justice Act, 2015 provides the revisional forum before the High Court wherein the High Court may, at any time either on its own motion or an application received in this behalf, call for the record of any proceeding in which any Committee or Board or Children's Court, or court has passed an order, for the purpose of satisfying itself as to the legality or propriety of any such order and may pass such order in relation thereto as it thinks fit.”
Accordingly, the Court dismissed the writ petition as the corpus in the present case being held as per order passed by the Child Welfare Committee, Sambhal.
Case Title: Smt Deeksha And Another v. State Of U.P. And 5 Others