SC Directs Masking Of Identity of Petitioner-Girl Seeking Protection Against Parents In Entire Record, All Reports/Copies Of Proceedings

The Supreme Court has directed that the identity of a petitioner, seeking direction to the state of NCT of Delhi to provide her protection against her parents, be masked in the complete records of the case and not be disclosed in any report or copies of the proceedings or in any form of communication. The vacation bench of Justices Dinesh Maheshwari and Aniruddha Bose was considering an SLP against a March 9 order of the Delhi High Court lodging the petitioner-girl, who is alleged to be a minor by her parents, at the Kasturba Gandhi National Memorial Trust, Bhaktawapur, Delhi and requiring that the Chairperson, Child Welfare Committee, Alipur, Delhi ensure that adequate safety, protection and education is provided to the petitioner till further orders. The Single Judge of the HC had passed the order on a petition seeking directions to the state to provide protection to her at the hands of her respondent-father and the respondent-uncle. Earlier, on March 2, noting the petitioner's submission that she wishes to live with her parents and that she apprehends no danger to her life with them, the HC had allowed the petitioner to be taken by her parents i.e. the respondent-father and his wife with them. As recorded in the order of the HC, it has been averred in the petition before the HC that the petitioner had been found talking with a boy, Aalim, in the month of December, 2019 which was noticed by her mother, as a consequence of which, she was beaten and confined, so that she could not talk to anyone. Because of the family pressure, she was compelled to leave the parental house on 23.11.2020 at about 8.00 pm without knowing her future. Her advocate had told the HC that her family had even fixed her marriage against her wishes.Even though the vacation bench of the Apex Court was not inclined to interfere in the matter and finally dismissed the plea as withdrawn with liberty to the petitioner to approach the Delhi High Court only for further orders, the bench passed an order directing the masking of the identity of the petitioner.The name of the petitioner and her identity had come to be disclosed in the SLP filed before the Court and as a result, in the cause-title and the case details on the Supreme Court website. The orders uploaded on the website of the Delhi High Court also carried the name of the petitioner and even some phone numbers from which she had allegedly made certain calls for help."Her identity should be your concern also as her advocate", Justice Maheshwari told the advocate representing the petitioner-girl."Why should her name be circulated?", observed the judge.Even though the bench finally dismissed the SLP, asking the petitioner to move the HC only which had previously dealt with the matter, the bench directed- "Looking to the subject and the facts in controversy, in the first place, it is ordered that henceforth, the name of the petitioner shall be masked in the entire record and shall not be disclosed in any report or the copies of proceedings or in any form of communication by any person except by the authorities concerned dealing with the relevant inquiry, investigation and the judicial procedure. Wherever necessary, she shall only be referred as Ms.X".As regards the prayer in the SLP, the bench noted that in this matter, the petitioner seeks interference by the Supreme Court in the orders dated 02.03.2021 and 09.03.2021, as passed by the High Court of Delhi.Before the vacation bench, the advocate for the petitioner sought to advance that the petitioner-girl is a major and that though she is not aware of her date of birth, the birth details supplied by her parents before the HC are incorrect."We have noticed that by the order dated 09.03.2021 that was passed on the application that was filed after disposal of the Writ Petition, the High Court took note of all the background aspects and the rival submissions and thereafter, at the given stage, considered it appropriate that the petitioner be lodged at Kasturba Gandhi National Memorial Trust, Bhaktawapur and directed that the Chairperson CWC-10 Alipur shall ensure adequate safety, protection and education of the petitioner. As per the averments in the present petition, the petitioner has repeatedly asserted that she had 'escaped' from where she has lodged under the order of the High Court", recorded the division bench in its order.The order further records that while taking up this matter, the bench has, in the first place, posed a query to the counsel for the petitioner with reference to the aforesaid averments as to where the petitioner is putting up at present?"Learned counsel for the petitioner has responded with the submissions that though the petitioner had earlier escaped but, on 28.04.2021, she surrendered and is at present lodged at the very same Nari Niketan as ordered by the High Court. Though these events and assertions are not found on the record of this petition but learned counsel submits that such facts have been stated in...

SC Directs Masking Of Identity of Petitioner-Girl Seeking Protection Against Parents In Entire Record, All Reports/Copies Of Proceedings

Mehal Jain

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