Court approves action taken by State Council for Child Welfare
CUTTACK: The Orissa High Court on Thursday dismissed the writ petition of Budhia Singh's mentor Biranchi Das and asked the foster father of the wonder boy to cooperate with the State Government in shaping the future of the child prodigy.
The court also gave its stamp of approval to the action taken by the Orissa State Council for Child Welfare, a quasi-judicial body of the government, and the committee formed by it to interfere in the matters of Budhia as deemed proper under law.
The Khurda district Child Welfare Committee (CWC) had issued summons and later a warrant against Mr. Das, asking him to produce Budhia before a team of doctors for medical test. Mr. Das had not responded to the summons, but the police executing the warrant had produced Budhia before the medical team, which, in turn, had observed that the child was feared to become a subject of burnt-out syndrome.
Mr. Das moved the High Court in April 2006 challenging the CWC summons with regard to the "adoption" and "protection" of the wonder kid. The Division Bench comprising Chief Justice Sujit Barman Ray and Justice M.M. Das, in its judgment, recognised the validity of the formation of CWC and said: "CWC has every right to interfere in Budhia's case to protect his future as per the powers bestowed to it under Section 31 of the Juvenile Justice (Care and Protection of Children) Act of 2000."
Since members of the CWC were not made party in the case, the High Court refused to quash the summon order issued by it to Mr. Das.
On the issue of adoption of Budhia by Mr. Das and his wife Geetanjali Panda, the Judges refused to give any opinion on the adoption deed executed by Budhia's mother. "We cannot express any opinion on the adoption issue as the child's mother is also not a party in the case," the Bench said. The court, however, said that the competent court might take a decision on it.
On the issue of warrant issued by the CWC against Mr. Biranchi, the court observed that the committee had every right to issue warrant under the provisions of law. "In case the CWC issues any fresh warrant in this regard, the same cannot be executed within one month from the date of passing of this judgment," the court said.