Virender Singh,CJ. - (1.) Mr. Gadodia states that Union of India in its affidavit has highlighted the seriousness of the issue relating to the Left Wing Extremism (for short LWE). It is a serious threat to the national security at present and the intention of the LWE is to overthrow the Indian Parliament Democracy. Union of India also admits that certain boys and girls of a tender age are recruited by LWE primarily from the tribal areas in the State of Bihar, Chhattisgarh, Jharkhand, Maharashtra and Odisha. Such children are asked to perform various tasks like acting as informer, fighting with non-lethal weapons. They are also imparted training with regard to use of explosives, etc. Not only that, these children are used tactically by different groups of LWE by pushing them in the forefront when they are armed exchanges with the security force. They are also used for the purpose of propaganda' mileage whenever there is any casualty of minors. Learned counsel submits that Union of India is not sure till date as to how many children are recruited by LWE in the country. Mr. Gadodia states that about Jharkhand State where this shocking incident has happened, Union of India is silent with regard to recovery of the children and any preventive measure, which it intends to take in due course. What they have only stated in their affidavit is that a letter has been written by Ministry of Home Affairs to the Principal Secretary, Home, Government of Jharkhand asking for the latest status report of the action taken by the State in the present issue, although showing willingness to extend all possible help to the State. This, according to Mr. Gadodia, is the sum and substance of the affidavit filed by the Union of India.
(2.) Adverting to the affidavit filed by the State, Mr. Gadodia submitted that it appears that the State has taken this issue very lightly, may be considering that it has become usual feature in the State of Jharkhand. According the Mr. Gadodia, the State appears to be, more concerned with lodging of the FIRs whenever any occurrence of this type takes place instead of taking effective measures for recovery of the kidnapped children and to adopt preventive measures so as to. prevent such type of incident/occurrence in near future. Learned counsel submitted that instead of the direction by the Court to the State to come out with some comprehensive steps to address the issue, it has only mentioned in its affidavit about certain status report given by the respective Superintendents of Police where the criminal cases have been registered with regard to alleged kidnapping of the children and only giving incidence of one case where the State has been able to recover 5 children out of 17 victim children. According to Mr. Gadodia, the report submitted by the State takes us nowhere.
(3.) According to Mr. Gadodia, keeping all these aspects, what, in fact, is required to be done, is that the Union of India should immediately intervene in the present situation and co-ordinate with the State Government to take immediate steps for recovery of the kidnapped children by extremist group(s). Mr. Gadodia states that in a peculiar situation which has now emerged and many of the kidnapped minor children have not been recovered till date, it would be most appropriate, if a writ of habeas corpus is issued to the State Government to recover the kidnapped children and to produce them before this Court or before the Court having jurisdiction where the criminal case(s) has/have been registered.;