In Re Implementation Of Juvenile Justice vs State Of Manipur And Others

R.S., CJ

[1] We have perused the order dated 8.11.2017 and the order reads as follows:-

"8.11.2017

This matter relates to the functioning of the statutory body i.e., the Child Welfare Committee and the role of the Police to investigate. While the police have all the authority to investigate any matter which are brought to their notice, the Child Welfare Committee is also performing a very important statutory role whose functioning is also to be properly understood. Since constitution of the Child Welfare Committee is relatively new in the State, perhaps for that reason, the role of the Child Welfare Committee has not been properly appreciated.

Be that as it may, we are of the view that the matter more particularly coordination between these functionaries requires examination by the State Government and the learned AG has submitted that he will personally look into the matter so that no inconvenience is caused to any public functionary and investigation can also be carried out smoothly. We appreciate the stand taken by the learned AG and we request him to look into this suo moto matter raising important issues by involving all the stakeholders.

It has been submitted before this Court by Mr. I. Bikramjit Singh, Chairperson, CWC, Imphal East as well as Mr. Leisan C. Chairperson, CWC, Ukhrul and Mr. Th. Rajkishore Singh, Chairperson, CWC, Imphal West, who are present in person before this Court today that summon have been sent to the Chairperson, CWC, UKhrul and the members to appear before the Women Police Ukhrul for recording of their statement. It has been stated that a matter relating to sexual assault of one minor was reported to the CWC, Ukhrul on 21-10-2017 and therefore the Women Police Station and the DCPU, Ukhrul were directed by the CWC, Ukhrul to do the needful vide order dated 21.10.2017 in Case NO. 02 CWC-Ukl/02-2017. It has been submitted that however, the victim is still yet to be recovered / rescued and as per the information they have received, and the victim is staying near the accused and as such, non recovery/ rescuing of the victim will cause serious prejudice to the victim as well for the proper investigation of the case. On the other hand, rather than recovering the minor victim, the police are issuing summons to the members of the CWC to the Police station for recording their statement.

Be that as it may, we are hopeful that all these issues will be looked into by the learned AG so that appropriate legal steps are taken immediately by the concerned authorities.

Let the matter be listed again after two weeks.

In the meantime, summons issued against the Chairperson, CWC, Ukhrul and the members of the CWC, Ukhrul for appearance today i.e., on 8th November, 2017 at the Women Police Station, Ukhrul will remain stayed, however, with the observation that if the police wish to record the statement of the members of the CWC, they will be free to do so in the office of the Child Welfare Committee, Ukhrul.

List the matter against on 27th November, 2017.

A copy of this order may be furnished to the learned AG as well as to the Chairpersons, CWC who have appeared before this Court along with a copy of the taken up petition."

[2] The PIL has been taken up on suo moto on the basis of the report to the then Hon'ble Acting Chief Justice by the Chairperson , CWC, Ukhrul. The details of the incident and reasons for filing the memorandum to the then Hon'ble Acting Chief Justice has been set out in para No.1, 2, 3, 4, 7 and 8 as under:-

"1. That, on 18.10.2017 at around 3:00 p.m., Baby ZV. Vangamchon (15 years), d/o Z.V Ngalengmi of Lamlang village, Ukhrul District, Manipur was sexually assaulted by one Mr. V. S. Shonkhuimi (35 years), S/o V. S. Necodimus of the same village in her own home. The incident was reported only on 21.10.2017 to a Member of the Committee over the mobile phone by the father of the victim herself, who purportedly witnessed the sexual assault, for doing the needful. As the family of the victim was apprehensive of reporting the matter themselves to the police due to fear of unwanted consequences, a case was registered by the Committee being Case No. 02/CWC-UKH/02-2017 and an Order dated 21.10.2017 issued therein directing the Women Police, Ukhrul and DCPU, Ukhrul to do the needful to deliver justice and to rehabilitate the victim girl child at the earliest possible time. Accordingly, on the basis of the said Order dated 21.10.2017, a regular police case was registered at Women P. S, Ukhrul being FIR No.3(10) 2017 WPS -Ukhrul u/s 511 IPC & 12 POCSO Act 2012. It may be kindly noted here that case was registered under the offence of Section 12 (Punishment for sexual harassment) instead of Section 8 (punishment for sexual assault), which is more appropriate considering the facts and circumstances, for reasons best known to the police.

A true copy of the said Order dated 21.10.2017 is enclosed herewith for kind perusal and ready reference and the same is marked as Annexure- A/1

2 That, much to the surprise of the undersigned, the Officer-in-charge of Women P.S., Ukhrul - instead of commencing investigation by performing the prescribed procedures like medical examination of the victim, arresting the accused person, production of the victim before the CWC concerned, production of the accused before the Magistrate concerned, etc. in accordance with Section 19 and Rule 4 of the POCSO Act, 2012 and the Rules framed there under - sent a police summons dated 27.10.2017 to the Chairperson and Member (also a signatory in the said Order dated 21.10.2017) of the Committee informing them to appear before her on 29.10.2017 at 12.30 p.m. for recording our statement in connection with the case. The undersigned also learnt that the OC had erroneously treated the Order dated 21.10.2017 as the O.E of the case.

A true copy of the said Summons dated 27.10.2017 is enclosed herewith for kind perusal and ready reference and the same is marked as Annexure -A/2.

That, on 28.10.2017, the undersigned submitted a representation addressed to the Superintendent of Police, Ukhrul District apprising the facts and development of the case. It was pointed out in the said representation dated 28.10.2017 that the Order dated 21.10.2017 passed by the committee was a direction issued under rule 16(6) of the Rules framed under Juvenile Justice (Care and Protection of Children) Act, 2015 for initiating a police case and the proper procedure would be for the concerned O.C. to take up the matter either as a suo-moto case, or if at all an informant/complainant was deemed necessary, the DCPU, Ukhrul delegated for the said purpose could have been made to lodge the report for initiation of the police case,. The said representation requested the S.P,. Ukhrul for initiating appropriate steps to rectifying the situation and to proceed with the rescue of the child for providing necessary care and protection after taking recording the statement of the DCPO of DCPU/Ukhrul who was delegated for the purpose or after recording the statement of the father who reported the matter to this Committee.

A true copy of the said Summons dated 06.11.2017 is enclosed herewith for kind perusal and ready reference and the same is marked as Annexure -A/4.

That, however, much to the chagrin of this Committee, the O.C. of Women PS, Ukhrul again sent another summon dated 06.11.2017 in the form of a reminder to the undersigned and the said Member of this Committee informing them to appear on 08.11.2017 in the office of OC, Women PS Ukhrul, for recording statement in connection with the FIR in utter disregard of the said representation dated 28.10.2017.

A true copy of the said Summon dated 06.11.2017 is enclosed herewith for kind perusal and ready reference and the same is marked as Annexure-A/4

That, it is also submitted that summoning the members of CWC by police for recording statement in respect of case where the CWC directed the police under Rule 16(6) of JJ rules, 2016 is contrary to law and undermines the authority of the CWC which is a statutory authority created by the JJ Act, 2015. If the same is allowed to be proceeded in such a manner, it will definitely set a bad precedent and in future, CWCs would be reluctant to pass any order directing the police to do certain acts for providing care and protection to a child victim of sexual assault or any other offences owing to constant summons for their appearance for recording their statement. Further, the undersigned feels that sending summons to the Chairperson and Members of the Committee who issued the above order under Rule 16(6) of the JJ Rules, 2016 framed under JJ Act, 2015 shall have serious repercussions and impediments in the functioning of the CWC while providing care and protection under the said Act and Rules and other child related enactments if the Members of the CWC are required to appear for recording of statement in every case where the CWC directed the police under the Rules to do certain acts which the police are required to do as their bounden duty.

That, taking advantage of this humble memorandum, the undersigned begs to submit that owing to the highly uncooperative and collusive attitude of the police, other factors which has a direct bearing on the case, like the instance of the father of the victim girl trying to suppress the matter by choosing not to report the incident to the police in the contravention of the provisions of POCSO Act, 2012, could not be brought up which is very unfortunate."

[3] A reading of the memorandum submitted by the Chairperson, CWC, Ukhrul and the order passed by this Court on 8.11.2017, we are of the view that it is not proper for the Officer-in-Charge of the Women Police Station of Ukhrul or any other district concerned, to summon a Committee member or Chairperson of CWC for the purpose of making investigation in case of complaint by the CWC Member. On the other hand, a duty is cast upon the Officer to go on spot and make enquiry and ensure justice is done to the affected child or children who is the victim.

[4] In view of the order passed on 8.11.2017, which resolves the issue, we are not inclined to pass any further order except directing the authorities implicitly follow the order dated 8.11.2017.

[5] We are also informed by the learned Advocate General that a report is given by the Superintendent of Police, Ukhrul dated 17th July, 2019 and it read as follows:-

"GOVERNMENT OF MANIPUR

OFFICE OF THE SUPERINTENDENT OF POLICE, UKHRUL DISTRICT

...................................

No.1/WPS-UKL/2019-SP (UKL)/4979 Ukhrul, the 17th July, 2019.

To

Shri P. Tamphamani Singh

Jr. Government Advocate to the Advocate General, Manipur.

Subject:- PIL No.28 of 2017

In Re: Implementation of Juvenile Justice (Care and Protection of Children) Act, 2015 in Manipur -Vs- The State of Manipur & Ors.

Ref:- FIR No. 3(10) 2017 WPS/UKL u/s 511 IPC & 12 POCSO Act

Sir,

In inviting a reference to the above cited subject and reference, I am to inform that the investigation of FIR case being No.3(10)2017 WPS/Ukl u/s 511 IPC & 12 POCSO Act has been completed and returned in FR as "Insufficient evidence" vide F/R No.1/W-PS/UKL dated 26/05/2019.

Yours sincerely,

Sd/-

(Ningshen Worngam), IPS

Superintendent of police

Ukhrul District Manipur"

The same is taken on record.

[6] The PIL stands deposed of on the above terms. Any other issue in relation to child welfare and working of CWC will be taken up in PIL NO.7 of 2018.