IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 WP(C).No. 28139 of 2011(S) -------------------------- PETITIONER: --------------- JANADHIPATHYA VANITHA SANGHATANA, ROOM NO.14, MARUTHI VILAS, CANAN SHED ROAD, ERNAKULAM, REPRESENTED BY ITS GENERAL SECRETARY, ADVOCATE T.B.MINI. BY ADV. SRI.C.K.SAJEEV SRI.M.V.BAIJU RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. HOME SECRETARY, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. BY G.P. SMT.MEERA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF FIR IN CRIME NO.346/2011 OF THE NORTH PARAVOOR POLICE STATION. P2: TRUE COPY OF FIS IN CRIME NO.346/2011 OF THE NORTH PARAVOOR POLICE STATION. P3: TRUE COPY OF NEWS ITEM PUBLISHED IN THE MATHRUBHOOMI DAILY DT.19.10.2011. P4: TRUE COPY OF REPRESENTATION DATED NIL FILED BY PETITIONER BEFORE THE CHIEF MINISTER OF KERALA. TRUE COPY P.S. TO JUDGE C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... W.P.(C) No.28139 of 2011 .................................................................... Dated this the 21st day of November, 2011. JUDGMENT Ramachandran Nair, J. This is a public interest litigation filed by a Ladies Organisation represented by an Advocate for appropriate direction to the respondents to rehabilitate the minor girl who is the victim in the notorious Paravoor sex trade case. The girl who was studying in the 11th standard was extensively abused by sex racketeers and the parents of the girl and the brokers are the main culprits. The girl is presently lodged in a children's home under Police surveillance and care. The petitioner's case is that investigation and trial are getting protracted and as a result of which the victim who is aged 17 years is suffering lot of privations and is not able to pursue her studies in the school. After hearing the petitioner we directed the Inspector General of Police to come with the girl to our Chambers. We met and discussed all matters with the Inspector General Smt.R.Sreelekha. In order to find out the stage of investigation, we requested the Investigating Officers also to W.P.(C) 28139/2011 2 meet us. Accordingly, the Head of the Investigation Team namely, Superintendent of Police with the Deputy Superintendent of Police met us and appraised us of the progress in investigation. We have also heard Government Pleader Smt.Meera in the matter. 2. After hearing the petitioner's counsel and the Government Pleader and after discussions with the Senior Police Officers above stated, we are of the view that the victim cannot be released from the children's home where she is living in Police protection until atleast her evidence is recorded in the cases. This is because Police apprehend threat to the life of the victim, if released at large or given in the custody of relatives. The girl's parents also include in the list of prime accused in the sex trade and violence against the girl and so much so, they cannot be trusted. Even though the victim told us that she has been living for quite some time with her mother's sister and her husband in their home and she would like to go with them and stay in their house, we do not think it advisable, more so when the Senior Police Officers who met us appraised us the dangers of her parents and other accused trying to influence her while living in the company of her mother's sister and husband. So much so, this request made by the victim also cannot be accepted. All what is required to be done, in our W.P.(C) 28139/2011 3 view, is to complete the investigation and the trial at the earliest and in any case by 31st May, 2012 so that from the next academic year onwards the victim could be sent to the school as she desires to continue her studies in the 11th standard. The officers heading the Investigation informed us that many accused are outside India, mostly in middle east countries and the same is causing problem for completion of investigation. However, we are told charge is filed in respect of several accused numbering around hundred. Since the investigation is over in the case of several accused, necessarily trial can commence immediately by splitting charge and proceeding with the trial of the accused already charge-sheeted. Since the victim is a minor, only Juvenile Court has to proceed with the trial and for this the High Court will have to constitute, if required, a Special Judge to try the case which has lot of peculiar features. Keeping all this in mind, we dispose of the W.P.(C) with the following directions. i) The Magistrate Court will proceed with completion of committal proceedings so that the Sessions Judge will start trial by splitting charge in respect of several accused. ii) The Investigation Officers will proceed with investigation at faster rate and if any of the accused are not available in India, they W.P.(C) 28139/2011 4 should resort to Section 10(3)(e) and (h) of the Passport Act, 1967, and request the Magistrate Court to issue orders to the Passport Authorities to impound the Passports or to cancel Passports of those who do not appear on summons or who could not be produced by Police after issuance of warrant. We make it clear that impounding Passport will not be effective because impounding is possible by Indian Authorities only when the Passport holder reaches India and so much so, cancellation of Passport will be considered by the court in accordance with law on application being filed by the Investigating Officer under Section 10(3) (e) and (h) of the Passport Act. iii) The Special Court or the Children's Court to be constituted by the High Court in this regard will commence the trial on day to day basis and complete the same at the earliest and as far as possible trial should be completed by 31st May, 2012. iv) As and when the evidence of the victim is recorded in the case charged, the victim will be released, if still a minor, under orders of the Court or otherwise, by taking into account her preferences and acceptance by her mother's sister or any other near relative. Orders on custody can be applied for by Police or the victim or any other interested person and custody will be based on orders of the court of W.P.(C) 28139/2011 5 competent jurisdiction. v) The Inspector General of Police informed that she is periodically visiting the girl personally and is taking care of her well being, which we are sure she will continue. vi) The Registry of the High Court will on the administrative side make arrangement for constitution of Special Court and Venue for trial of the case and Government will necessarily grant approval on request by the High Court without delaying the matter as the trial has to commence immediately. Sd/- C.N.RAMACHANDRAN NAIR Judge Sd/- P.S.GOPINATHAN Judge True copy P.S. to Judge pms