Atiq Ahmad's Children Don't Wish To Reside In Child Care Home, Says Expert; Supreme Court Asks CWC To Decide On Their Release

The Supreme Court on Tuesday (3rd Oct) ordered that the Child Welfare Committee shall consider the issue of release of the minor sons of slain gangster-politician Atiq Ahmad afresh in light of the report prepared by the support person which indicated that they don’t wish to stay in the childcare institution.

The Court on 18th August 2023 had appointed Dr. K.C. George (retired Jt. Director, National Institute of Public Co-operation and Child Development) as a support person to seek and report the wishes of the children. He interacted with the children and prepared a comprehensive report which was submitted before the court on 28th August, 2023. The minor children are presently residing in a childcare institution in Prayagraj.

The Court observed, “The Court has considered the report of the expert/support person by order in these proceedings. In the interest of justice and concerned children, the direction is issued to the state to ensure that the two children’s applications for appearing in the re-examinations are filled forthwith. Having considered the report of the expert which has broadly indicated that the children do not wish to reside in the childcare institution, one of them- Ahzam Ahmed will be turning 18 tomorrow, he cannot be made to reside. Thereafter, the welfare committee in the meanwhile is directed to consider the matter afresh in light of this and pass a reasoned order in a week. We’ll keep it next Tuesday.”

It is pertinent to note that the release of the children kept in a Children's Home or Child Protection Home is governed by Section 97 of the Juvenile Justice (Care and Protection of Children) Act, 2015. It states-

“97. Release of a child from an institution.--(1) When a child is kept in a Children’s Home or special home, on a report of a probation officer or social worker or of Government or a voluntary or non-governmental organisation, as the case may be, the Committee or the Board may consider, the release of such child, either absolutely or on such conditions as it may think fit to impose, permitting the child to live with parents or guardian or under the supervision of any authorised person named in the order, willing to receive and take charge, educate and train the child, for some useful trade or calling or to look after the child for rehabilitation:

The bench comprising Justices S Ravindra Bhat and Justice Aravind Kumar was hearing a Special Leave Petition filed by Shahin Ahmad, sister of Atiq Ahmad, seeking custody of the minor children. Both the children, aged about 17 years and 15 years respectively, have been lodged under the care and protection of the Child Welfare Committee, Noorullah Road, Khuldabad, Prayagraj at Child Protection Home Rajrooppur.

Earlier, the Allahabad High Court had dismissed Shahin's habeas corpus petition. 

The Allahabad HC noted that the mother of the children Shaista Parveen, is alive. Therefore, it held that “once the mother of the two minor children is alive and the petitioner has neither claimed herself to be the guardian nor has placed any material on record to establish that she is the guardian, therefore, we do not find any good reason to issue any direction for release of the aforesaid two minor children to the petitioner”.

Aggrieved by the said decision, the petitioner had approached the Supreme Court.

Advocate Nizam Pasha appeared for the petitioner. Additional Solicitor General KM Nataraj appeared for the State.

Case title: Shahin Ahmad v. State of UP

Citation: SLP(C) No. 014027 - / 2023

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