Mahesh Chandra Tripathi, J. - (1.) Heard Sri Saghir Ahmad, learned Senior Advocate/Amicus Curiae and Sri Manish Goyal, learned Additional Advocate General, assisted by Sri Amit Sinha and Sri J.K.Upadhyay, learned Additional Government Advocates for the State of U.P.
(2.) This writ petition has been listed before us in view of reference made by a Division Bench of this Court, considering the various provisions of the Juvenile Justice (Care and Protection of Children) Act 2015 (J.J. Act) and the law laid down by various Courts. While referring the case to Hon'ble the Chief Justice to constitute a larger Bench, the Division Bench framed following issues to be decided by the larger Bench:- "(1) Whether a writ of habeas corpus is maintainable against the judicial order passed by the Magistrate or by the Child Welfare Committee appointed under Section 27 of the Act, sending the victim to Women Protection Home/Nari Niketan/Juvenile Home/Child Care Home?; (2) Whether detention of a corpus in Women Protection Home/Nari Niketan/Juvenile Home/Child Care Home pursuant to an order (may be improper) can be termed/viewed as an illegal detention?; and (3) Under the Scheme of the Juvenile Justice (Care and Protection of Children) Act, 2015, the welfare and safety of child in need of care and protection is the legal responsibility of the Board/Child Welfare Committee and as such, the proposition that even a minor cannot be sent to Women Protection Home/Nari Niketan/Juvenile Home/Child Care Home against his/her wishes, is legally valid or it requires a modified approach in consonance with the object of the Act ?"
(3.) Since the reference is desired to be resolved by the larger Bench, the same has come up for consideration before us under the order of Hon'ble the Chief Justice dated 26.1.2021.;