IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 WP(Crl.).No. 507 of 2009(S) --------------------------- PETITIONER(S): --------------- 1. MURUGAN, AGED 50 YEARS, 7/178/1-1, SOLAVAMPALAYAM, POLLACHI, COIMBATORE. 2. AACHI, AGED 45 YEARS, W/O.MURUGAN, 7/178/1/1, SOLAVAMPALAYAM, POLLACHI, COIMBATORE. BY ADV. SRI.NIRMAL. S RESPONDENTS: --------------- 1. CHILD WELFARE COMMITTEE, MALAPPURAM, REPRESENTED BY ITS CHAIRPERSON, OFFICE : GOVERNMENT OBSERVATION HOME, TAVANUR, KUTTIPURAM, THRIKKANAPURAM.P.O., MALAPPURAM. PIN - 679673. 2. THE CHIEF WARDEN/OFFICER, THE JUVENILE HOME FOR GIRLS, VELLIMADUKKUNNU, CALICUT. GOVERNMENT PLEADER SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 02/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(Crl).No.507 of 2009 ---------------------------------------- Dated this the 2nd day of December 2009 J U D G M E N T Basant,J The petitioners have come to this court with this petition for issue of a writ of habeas corpus to search for, trace and produce their female child Kali, aged 11 years only according to the petitioners and to direct her release to the custody of the petitioners. The said minor child is now accommodated at Juvenile Home for Girls, Calicut for temporary shelter as per the orders of the Child Welfare Committee, Malappuram, the 1st respondent herein. The learned counsel for the petitioners submits that the petitioners are the biological parents of the said minor child and that this fact can be ascertained by the Child Welfare Committee by questioning the petitioners and the child in question. Atleast temporary custody must have been given to the petitioners subject to appropriate conditions on the basis of such prima facie satisfaction, even assuming that the Child Welfare Committee wants to embark on a more detailed investigation/enquiry, submits the learned counsel. In these circumstances, it is prayed that the child may be ordered to be W.P.Crl No.570/09 2 produced before this court, truth may be ascertained from the child and the child may be directed to be released to the petitioners. 2. We must, first of all, take note of the general principle of law that powers under Article 226 of the Constitution of India, though wide and sweeping, cannot be invoked where an equally efficacious alternative remedy is available to the parties. The matter is pending before the Child Welfare Committee. Evidently, the Child Welfare Committee is involved in an enquiry under Section 33 of The Juvenile Justice (Care and Protection of Children)Act, 2000. In such enquiry, certainly the Committee will have to ascertain whether the petitioners are the parents of the child concerned and whether it is in the best interest of the child to entrust the child to the custody of the petitioners. We wish to express no final opinion on those aspects. We find merit in the submission of the learned counsel for the petitioners that the Child Welfare Committee must imbibe the humane concerns expressed by this court in Jose Maveli v. State of Kerala [2007 (2) KLT 761]. But, at any rate, we are not satisfied that the said enquiry can be conducted by this court in this petition for issue of a writ of habeas corpus. We are not persuaded to agree that the W.P.Crl No.570/09 3 question can be resolved in such manner in proceedings before this court in this writ petition. 3. This is not to say that we do not alertly perceive the concerns of the petitioners who claim to be the biological parents of the child. We are satisfied that this writ petition can now be allowed in part issuing specific directions to the Child Welfare Committee to complete the enquiry under Section 33 of The Juvenile Justice (Care and Protection of Children)Act, 2000 as expeditiously as possible, at any rate, within a period of one month from the date on which a copy of this judgment is placed before the Committee. We further observe that it shall be open to the petitioners to claim interim custody till such enquiry is completed. If the Committee is prima facie satisfied that the petitioners are the biological parents of the child, and there is no doubt about the bona fides of the petitioners after considering all relevant circumstances, appropriate directions regarding interim custody can and should also be issued by the Child Welfare Committee subject to appropriate safeguards. 4. This writ petition is accordingly allowed in part to the above extent. W.P.Crl No.570/09 4 5. Hand over copy of this order to the learned counsel for the petitioner. The Child Welfare Committee shall report compliance with the above directions to this court. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr W.P.Crl No.570/09 5 W.P.Crl No.570/09 6 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009