- (1.) Heard Mr. Tushar Mehta, learned Additional Solicitor General for the Union of India appearing on behalf of the petitioner, National Commission for Protection of Child Rights and others.
(2.) The assail in this special leave petition is to the order dated 29th August, 2017, passed by the learned Single Judge of the High Court of Calcutta in W.P. No.22537 (W) of 2017, which was moved by the Additional Director General of Police, CID, State of West Bengal. It was contended before the High Court that the writ petitioner had received summons dated 20th July, 2017, from the National Commission of Protection of Child Rights and replied thereto informing that the West Bengal State Commission for Protection of Child Rights had been informed with regard to such incidents and the said Commission had already taken cognizance of the matter and, therefore, the jurisdiction of the National Commission is barred under Section 13(2) of the Commissions for Protection of Child Rights Act, 2005 (for short, 'the Act').
(3.) The High Court, prima facie, accepting the said contention opined that the matter was required to be debated and, accordingly, issued notice and directed the National Commission to file an affidavit and further not to proceed with the matter.;