Observing that the incident of bringing children from other States to Kerala in droves should be investigated properly, a Division Bench of the Kerala High Court on Thursday suo motu impleaded the Central Bureau of Investigation (CBI) as a respondent in a public interest writ petition on the issue.
The Bench comprising Chief Justice Manjula Chellur and Justice P.R. Ramachandra Menon issued the order when the petition seeking immediate repatriation of the children came up for hearing.
The court observed that it was a serious matter.
“There has to be a proper investigation. The court should know how the children are coming, the purpose, what is happening,” the Bench orally observed.
The judges added that the court was “the custodian and guardians of the children” and it could not ignore their welfare. The court was concerned even if it was a case of a single child.
Advocate-General K.P. Dandapani submitted that the police were conducting an effective investigation. The court also asked why the government was worried about a CBI investigation.
The court observed that the children were brought here “not for fun, not for schooling, and not for picnic. Is it not a serious issue”, the court asked.
The court was of the opinion that as the incident had inter-State ramifications, it would be desirable to have an investigation by the CBI.
In an affidavit, the government said officials of the Social Justice Department and the police had taken all efforts to ensure the safety and protection of these children. They had also ensured that the children were housed properly and restored to proper authority parents. The Crime Branch was investigating the incident.
Meanwhile, the Association of Orphanages and Charitable Institutions of Kerala sought to implead itself in the writ.
The association, which claims to represent 1,800 orphanages, said in its petition that serious allegations had been levelled against the orphanages, which would cause irreparable damage to the orphanages.
The writ petition was filed by Rajendra Prasad, president of Thampu, (National Trust for Tribal Education, Development and Research), Kochi, and another person.