New
Delhi:
The Supreme Court today said that a girl, who went missing from Gorakhpur in
Uttar Pradesh in July and was later found by the Delhi Police earlier this
month, is “still a minor” as per the report of age determination received from
the All India Institute of Medical Sciences (AIIMS), New Delhi.
The
Supreme Court was informed by the counsel appearing for the Delhi Police that
as per the medical report, the girl is not pregnant.
A
bench headed by Justice AM Khanwilkar took note of the submissions of senior
advocate KV Viswanathan, who was earlier nominated by the top court to appear
for the girl as she was not represented before it through a counsel, regarding
compliance of guidelines and standard operating procedure (SoP) for dealing
with cases of missing children which were issued by the Ministry of Women and
Child Development in 2016.
Mr.
Viswanathan told the bench, also comprising justices Dinesh Maheshwari and CT
Ravikumar, that there are several guidelines and protocols in place in this
regard and the Uttar Pradesh government and Delhi government should be asked
about it.
The
bench said Mr. Viswanathan has made “valuable suggestions” in the note and
compilation submitted by him and these may be considered as future guidelines
to the concerned states and can also be of general nature which can be followed
by other states and Union Territories.
It
asked the states of Uttar Pradesh and Delhi to submit their responses with
regard to action taken in reference to the standard operating procedures
published by the Ministry of Women and Child Development in November 2016.
“The
response regarding action taken report and compliances of the requisite
mandatory steps be placed on record by the two respondent states (Uttar Pradesh
and Delhi). Depending on the responses, the court may consider passing further
directions as may be necessary,” it said.
“We
have heard counsel for the parties and perused the report regarding age
determination received from the AIIMS which indicates that the girl in question
is still a minor,” the bench said in its order.
The
bench said that the ministry be impleaded as a party in the matter as its
presence may be appropriate for issuing further directions, as may be
necessary.
The
Supreme Court, while posting the matter for further hearing on October 20, said
that Delhi Police would continue the investigation in the case and take it to
the logical end.
At
the outset, Additional Solicitor General RS Suri, appearing for Delhi Police,
said that as per the medical record, the girl is not pregnant and the report of
age determination has been sent directly to the court.
Mr.
Viswanathan said the girl was recovered after two months of lodging of an FIR
in the matter and there are guidelines and protocols to be followed in such
cases which came into being after the Supreme Court order passed earlier in
another matter.
“The
first issue is, what is the relief that can be given to salvage the situation.
Tell us that first,” the bench observed.
Mr.
Viswanathan said the two lawyers assisting him had interacted with the girl and
she should continue to remain in the home where she is.
Advocate
Amit Pai, appearing for the girl's mother who had filed a petition seeking
directions to the UP Police and Delhi Police to trace her daughter, said the
report suggests that the minor is not pregnant.
On
September 14, the Supreme Court had directed the AIIMS to give report on
determining the age of the girl, who went missing from Gorakhpur since July 8
and was later recovered by Delhi Police.
Mr.
Pai had earlier told the bench that according to her mother, the girl is aged
around 15-16 years while in Aadhaar, her age is mentioned as 13.
The
top court had on September 7 handed over the investigation of the case lodged
in Uttar Pradesh to the Delhi Police which had recently recovered her and
arrested the alleged abductor.
The
mother, who works as a domestic help in Delhi, has claimed in her petition that
her daughter was believed to have been kidnapped from Gorakhpur in Uttar
Pradesh by a man when her family members had gone there to attend a marriage
ceremony.
In
her petition, the girl's mother has sought directions for carrying out
investigation into the disappearance and kidnapping of her daughter and take
appropriate action against those who may be found involved in this.
The
habeas corpus petition, seeking to produce the girl before the court, has
alleged that despite an FIR being lodged at Gorakhpur and an attempt being made
to make a complaint with the Delhi Police, no action was taken to trace the
minor.
It
claimed the man, who was suspected to have kidnapped the girl, was constantly
luring and coaxing her to accompany him.
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