AMAR SARAN & ASHOK SRIVASTAVA, J. - (1.) WE have come across a news report published today (6.4.2012) in the daily newspaper "Hindustan" that in the Government Children's Home at Shivkuti, Teliyargan, Allahabad a peon Vidya Bhushan Ojha, who had been working in that Home for several years was involved in commission of rape with 3 minor orphan girls aged 8 to 10 years. He has been taken into custody by the Shivkuti police. The matter came to light when the adoptive parents of a girl who had been taken in adoption 2 days back found some blood stains on her underwear. On being questioned this child disclosed that she was wearing the underwear of another child in the children's home. The adoptive parents then met the superintendent of the home. When the girl to whom the underwear belonged was questioned she disclosed that Ojha had committed rape on her. Two other orphan girls then disclosed that the peon had committed similar acts with them, but due to fear of beating by this miscreant they had not dared, to disclose this not earlier. The charge of rape was even corroborated in the medical examination of the two girls.
(2.) WE are absolutely shocked by this report. We would be interested that the investigation and trial in all the three matters be concluded within three months so that an exemplary deterrent message goes out that neither Courts nor society can tolerate such abhorrent conduct by persons who are given the charge of providing shelter to such hapless little orphan girls, and that such miscreants would be dealt with severely and with utmost expedition. We also fail to understand how the said miscreant could be working in the Home for so many years and nothing had come to light, even though as many as three girls complain of molestation by this miscreant. Is there, no superintendence or watch over orphan miner girls who are provided shelter in these homes? Such silence and succumbing to the terror of the miscreant was only possible if the orphan minor girl children were left abandoned without attention, love and care from the persons in-charge of running the home. In such circumstances we can well imagine the poor quality of food, clothing education and genera supervision that the children would be receiving from the persons in-charge at the home. We would like the District Magistrate, Allahabad and S.S.P. Allahabad to personally appear before this Court on 11.4.2012 to explain to how such things could take place in the Government children's home for infant orphan girls, and what action has been taken for dismissal of this employee and also what action has been taken against the Superintendent and other persons/in-ncharge under whose nose such a grave crime was possible. We also like to be informed as to the number of staff engaged in this Home, to try and appreciate how these repeated crimes could have gone undetected, but for the intervention of the adoptive parents of the newly adopted girl.
(3.) WE would also like the Principal Secretary, Women and Child WElfare, U.P. to swear a personal affidavit showing us what steps he has taken to ensure that sincere, sensitive and hard working persons are appointed superintendents or in-charges of this home as well as the other homes being run by the State government (as these are the crucial posts) so that the conditions of the inmates in the homer are improved and their security and safety is ensured, so that such a crime never recurs in future. He should also inform this Court as to what action has been taken against other employees who may in the past have been engaged in similar misdeeds, because non-action against employees when found engaged in such crimes also gives a fillip to offenders to dare to commit the kind of heinous crimes as mentioned in the news report. Having taken suo motu cognizance on this news report we direct that this matter be registered as a Criminal PIL. We direct Ms Usha Kiran, learned AGA to obtain instructions in this case before the next hearing. We also appoint Ms. Manju R. Chauhan as amicus curiae to assist this Court in the matter. The copy of the "Hindustan" daily newspaper dated 6.4.2012 carrying the report be kept on record. Copy of this order may be given to learned Counsel by Monday i.e. 9.4.2012.;