CWP No.5938 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 5938 of 2009 Date of Decision: 31st - 7 - 2009 J.B.Bahl ....Petitioner v. State of Punjab and others ....Respondents CORAM: HON'BLE MR.JUSTICE , T.S.THAKUR, CHIEF JUSTICE HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? *** Present: Mr.R.S.Bains, Advocate for the petitioner. Mr.Rupinder Khosla, Additional Advocate General, Punjab for the respondents. *** KANWALJIT SINGH AHLUWALIA, J. In the present writ petition, we have been called upon to redress the grievance made by the petitioner that the Director, Social Security and Women and Children Development, Punjab, Chandigarh, had made the visit of the social spirited persons and functionaries of Non Government CWP No.5938 of 2009 [2] Organisations (hereinafter to be referred as, `the NGOs') to the various Homes set up by the State Government in their capacity as visitors, onerous and difficult by issuing communication Annexure P-1/T to all the Superintendents of State Homes not to grant such permission and permission be obtained from the head office at Chandigarh, even though such Special Homes are situated in various parts of the State of Punjab. It has been alleged that the intention for issuance of communication Annexure P-1/T is that the residents of such Special Homes are not able to divulge problems faced by them to the private individuals and functionaries of NGOs. It has been stated that poor food quality, hygiene and medical amenities and malpractices can only be removed and cured in case transparency is ensured in the running of such Homes, by allowing visitors to frequently visit such Special Homes. Department of Social Security and Women and Children Development, Punjab has established and is running 15 Special Homes under the Juvenile Justice (Care and Protection of Children) Act, 2000, which include 7 Children Homes, 4 Observation Homes, 2 Special Homes and 2 State After-care Homes for the reformation of delinquent juveniles and looking after neglected children. The State Government is also running one Old Age Home and one Vocational Rehabilitation Centre. In the writ petition so filed by the petitioner who claims himself to be Rotarian, notice of motion was issued. Additional Director, Department of Women and Children Development, Punjab has submitted his affidavit in reply. In the reply, it has been stated that revised instructions Annexure R-1/2 have been issued, after issuance of impugned communication Annexure P-1/T, taking into consideration that the approval CWP No.5938 of 2009 [3] and grant of rights from State headquarters at Chandigarh, to visit above said Special Homes cause delay, therefore, district administration i.e. Deputy Commissioner, Additional Deputy Commissioner, Executive Magistrates and Sub Divisional Magistrates, has been asked to grant approval and status of visitor to the representatives of voluntary organisations and private persons who intend to visit Homes, as and when concerned person apply for the same. We are of the view that by issuance of revised instructions, the concerned Directorate of Child and Women Development, Punjab has broadened the list of officials who can grant approval and permission to the members of the public who intend to act as social activist to help inmates of these Special Homes. During the course of arguments, counsel for the petitioner made an oral prayer to enlarge the scope of present writ petition and issue directions which have been issued in Civil Writ Petition No.8760 of 2009, Chandigarh Administration v. Nemo, decided on 9.6.2009. It was canvassed that the following directions issued in above said writ petition be also issued in relation to the Special Homes run in the State of Punjab:- “[f] there shall be a list duly notified by the Home Secretary of the Chandigarh Administration, within one month of the receipt of a copy of this judgment, of the NGOs, Social Workers, the Human Right Activists, Volunteers including Lawyers inclined to provide free legal aid services, who shall be given visiting rights, not less than once in a week, however preferably between 7AM to 7 PM, to all the Welfare Institutions including Nari CWP No.5938 of 2009 [4] Niketan and Ashreya. We direct that any report submitted by such a visitor regarding poor/mal- functioning or on improvement thereof, shall be considered and acted upon by the Competent Authority of the Chandigarh Administration within one month from the date of its receipt and if found not feasible, to communicate its reasoned decision to the visitor concerned within the above stipulated period.” We are of the view that no foundation has been laid in the present writ petition for seeking such directions. The above said directions were issued in that writ petition, due to peculiar circumstances of that case, as girl inmate of Nari Niketan was raped by the Guard of such institution. We do not intend to make function of Special Homes cumbersome, unless sufficient material is furnished and it is shown that such Special Homes possess necessary infrastructure, resources and man power to comply with such directions. In view of the observations made above, no further directions are called for. Hence, present writ petition is disposed off. ( T.S.THAKUR ) ( KANWALJIT SINGH AHLUWALIA ) CHIEF JUSTICE JUDGE July 31st, 2009 RC