JUDGEMENT
PRAKASH TATIA, J. -
(1.) LEARNED counsel Shri Indrajit Sinha has brought to our
notice that one N.G.O. Mahila Sewa Samiti having its registered
office at 5, Government Place, North Kolkata62 had one girl child
who was initially named as Kabutar now presently she is using her
name as Puja Radha Singh was living in the Mahila Sewa Samiti,
Rajpur Care Home at 24 Pargana South in the West Bengal because
the custody of this girl was given to Mahila Sewa Samiti by Social
Welfare Board, Govt. of West Bengal in the year 2010. The
members of Mahila Sewa Samiti, Kolkata came to know that the
said girl's parents are residing in Joraphatak in Dhansar police
station in the District of Dhanbad. Finding this, two members of
Mahila Sewa Samiti brought the said girl Kabutar @ Puja Radha
Singh to Jorapathak. The girl refused to go with their parents and
it is stated that mother is step mother and the father was a
drunkered. In this situation, members of Mahila Samiti wanted to
take the girl back to their own place but police apprehended the girl
and she is now in the police station. It is submitted that there is
likelihood that she may be detained in the police station without
proper facility. It is therefore submitted that the custody of the said
girl may be given to the N.G.O. of Mahila Sewa Samiti, Kolkata who
are having custody lawfully because of the fact that custody has
been given to the Mahila Sewa Samiti, Kolkata by the Social
Welfare Board, West Bengal.
(2.) IN the above facts, office is directed to register this as Public Interest Litigation.
In view of above reasons, it is ordered that the custody of the said girl Kabutar @ Puja Radha Singh may be given to the
members of Mahila Sewa Samiti, Kolkata, who accompanied the
said girl from Kolkata to Jorapathak who are Susmita Chakraborty
and Seema Sen.
(3.) THE Director, Jharkhand State Legal Services Authority was called and he is present in Court and he has requested to
inform the Chairman, District Legal Services Authority of the area
and be sent a copy of this order by FAX for compliance.;
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