, that charge sheets have been filed in all cases. ){kind=link}
The Supreme Court on Wednesday directed the Bihar government to submit an action taken report in connection with Muzaffarpur shelter home abuse cases.
A Bench comprising Chief Justice N.V. Ramana and Justice Krishna Murari sought to know actions taken against delinquent public officials as well as status of trials in 16 pending cases. The plea was filed by Journalist Nivedita Jha, challenging the blanket ban order of Patna High Court passed on August 23, 2018, in relation to media reporting on Muzzafarpur shelter home abuse cases.
ASG Madhavi Divan, who appeared for the Central Bureau of Investigation (CBI), that charge sheets have been filed in all cases.
ASG, Madhavi Divan reads out from the status report filed by CBI that first prayer is related to disbanding of original Investigation team and secondly the impact on the promotion of one IPS officer.
Advocate Fauzia Shakil, representing Journalist Nivedita Jha made submission that Patna High court has taken cognisance upon the newspaper report with respect to one juvenile who has been subjected to sexual harassment.
Advocate Fauzia Shakil – One Minister has been convicted in the this Muzzafarpur Shelter Home abuse case.
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Earlier there was a direction on observation that they have recommended action against various officer. The action has been taken but problem is going on, argues Adv. Shakil.
Counsel for Bihar Government submits before the court that SLP was filed against interim order seeking restraining media reporting in Muzzafarpur Shelter Home abuse.
Chief Justice N V Ramana – ‘Why documents are in a sealed cover?’ Don’t give Action Taken Report in a sealed cover’.
Advocate Manish Kumar submits to the court that if this court deems fit, then I can provide documents in an unsealed cover. CBI has filed the reports in seal covered only before this Hon’ble Court vide order dated 28.09.2018.
Bench – I am not directing to mention the name, officer who involves whatever action taken necessary.
Advocate Manish Kumar – I can take, I will file it before the court, your lordship please give me 6-week time.
CJ N V Ramana– We cannot monitor everything. We cannot initiate prosecution against someone etc.
The incidents of sexual abuse in Muzaffarpur Shelter Home and other incidents of sexual abuse that took place have been widely covered by the Press as well by the Electronic Media.
Before the Bench of former Justices Madan B. Lokur and Deepak Gupta, Sr. Counsel Shekhar Naphade pointed out the guidelines including those of Journalist ethics and statutory provisions under the Indian Penal Code, Protection of Children from Sexual Offences Act and Contempt of Courts Act, have been violated by the Print and Electronic Media by carrying out their own investigation independently and conducting a media trial which is against the journalistic ethics.
That on 3.06.2019, the division Bench of former Justice Indu Malhotra and Justice M.R.Shah granted CBI three months’ time to get it over with the Investigation. Also, directed CBI to look into other aspects of the case, firstly the offences alleged under Section 377 IPC, secondly the offences under the IT Act regarding video recording of the sexual exploitation of the inmates of the shelter homes, and thirdly the other persons, including the outsiders and officers who were involved and facilitated in the sexual abuse of the inmates who were being abused under intoxication of drugs; and (iv) the illegal trafficking of the girls by this Institute.
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No. of Child care institutions are 86 and total no. of inmates are 2360. Child Care Institutions are managed under the Integrated Child Protection Scheme, which is a centrally sponsored scheme of the Government of India and the budget is shared between the Central Government and the State Government in the ratio of 60:40 and where N.G.Os. are involved, the ratio changes to 60:30:10.
That the food, maintenance, clothing, medicines etc., a total of Rs.2,000/- per month per child is the allocated amount and that there is a constant and continuous effort to reunite the children with their families apart from providing them with education and recreational and sport facilities. 44 young girls have been transferred from the Children’s Home for Girls, Muzaffarpur, the 3 judges bench of chief Justice, former Justice Deepak Gupta and Justice Sanjiv Khanna observed.
On earlier occasion, in the year 2018, Amicus had filed brief submissions containing Reporting Guidelines of the National Human Rights Commission, Principles and Guidelines for Ethical Reporting by UNICEF, Guidelines for Journalists and Media Professionals prepared by International Federation of Journalists, Guidelines for Media Reporting on Child Abuse and Neglect and Norms of Journalistic Conduct, 2010 prepared by the Press Council of India.
Previously, the Bench of Chief Justice, Justice L. Nageswara Rao, Justice Sanjiv Khanna found the below mentioned officers guilty of contempt of court imposed fine of Rs. 1 lac on Mr. M. Nageshwar Rao, the then In-Charge Director, C.B.I. (now Additional Director, C.B.I.) and Mr. Bhasuran S., Additional Legal Advisor and In-Charge Director of Prosecution, C.B.I.