Can't Examine Validity Of Order Passed By Child Welfare Committee Under JJ Act In Writ Of Habeas Corpus: Rajasthan High Court

A division bench of Justice Vinod Kumar Bharwani and Justice Sandeep Mehta made it clear that such an order passed under the JJ Act is valid and thus, the person cannot be said to be under illegal confinement for the purpose of issuing a writ of habeas corpus.

"It is trite to state that validity of an order passed by the Child Welfare Committee under the Juvenile Justice (Care and Protection of Children) Act, 2015 cannot be examined in a writ of habeas corpus. Apparently, as the corpus has been sent to the Balika Gruh, Jodhpur under a valid order of the Child Welfare Committee in terms of the Juvenile Justice (Care and Protection of Children) Act, 2015, she is not under any kind of illegal confinement."

The present habeas corpus petition has been filed by the petitioner seeking a direction for production of one Mst. 'P', claiming that she is his legally wedded wife and that she has been wrongfully confined.

Essentially, as per her school marksheet, corpus is minor as on date, who was presented before the Child Welfare Committee (CWC), which restored the custody to her father. The CWC directed the Superintendent of Police, Barmer to ensure the safety of the child and to provide her protection. Further, as per the valid order of CWC, Superintendent of Police, Barmer was also directed to send the corpus to the Balika Gruh, Jodhpur, where she is presently housed.

Finding no merit in the present habeas corpus petition, the court dismissed the plea. The court observed that apparently, as the corpus has been sent to the Balika Gruh, Jodhpur under a valid order of the Child Welfare Committee in terms of the Juvenile Justice (Care and Protection of Children) Act, 2015, she is not under any kind of illegal confinement, as argued by the petitioner.

The court further observed that as the date of birth of the corpus recorded in her school documents is 05.06.2006, she being a minor, no one other than her parents can stake a claim for her custody.

Case Title: Naresh Kumar v. State of Rajasthan and Ors.

Citation: 2022 LiveLaw (Raj) 22

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