Vijay Kumar Vishwanath Bunkar v. State Of Maharashtra Throughpr. Secretary Public Health Dept And 2 ORS

Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION [STAMP] NO.6566 OF 2021 a/w INTERIM APPLICATION NO.997 OF 2021 Vijay Kumar Vishwanath Bunkar ] Petitioner Vs.

State of Maharashtra and others.

] Respondents .....

Mr. Cusher Ashley David, for Petitioner.

Ms. P.H. Kantharia, G.P with Ms. G.R. Shastri, Addl. G.P, for Respondents-State.

.....

CORAM : UJJAL BHUYAN & PRITHVIRAJ K. CHAVAN, JJ.

DATE : 3RD JULY, 2021.

[Through Video Conferencing] P.C.

1.

Heard learned counsel for the parties.

2.

On 19th June, 2021, we had passed the following order; "2.We have perused order dated 04.05.2021, relevant portion of which is extracted hereunder:- "5. On making necessary formal compliances by the minor girl

and her parents, the Child Welfare Committee shall take a decision and shall take appropriate steps to keep the new born child in an adoptive institute as also to give the new born baby in adoption, as expeditiously as possible. Ms.

Seems Adate may guide the minor girl and her parents in that regard.

6. We are told by learned counsel for the petitioner that an Application has been made to the concerned DSLA office for grant of benefit of the minor girl victim under Manodhairya scheme. Let the DSLA take appropriate decision on the Application at the earliest".

3. Learned counsel for the petitioner submits that the new born baby has been given in adoption. However, he is unable to tell us about the decision of the District Legal Services Authority on grant of compensation.

4. Considering the above, we direct District Legal Services Authority, Mumbai

to submit a report before the Court regarding victim compensation on or before the next date.

5. Stand over to 3rd July, 2021."

3.

Today, when the matter is called upon, we find that Mumbai District Legal Services Authority had submitted report dated 28th June, 2021 to the Member Secretary of Maharashtra State Legal Services Authority who has placed it before us. As per the report, it was decided to grant interim compensation of Rs.30,000/- to the victim. However, interim compensation could not be disbursed as the victim or her parents did not turn up in the office of the Mumbai District Legal Services Authority.

4.

Learned counsel for the petitioner Mr. Cusher and learned G.P, Ms. Kantharia submitted that as per the procedure, victim accompanied by her parents should be present in the office of the District Legal Services Authority along with the relevant documents whereafter compensation is deposited in the bank account of the victim if already opened; otherwise a bank account is opened.

5.

Learned counsel for the petitioner has expressed the apprehension that as the accused has been enlarged on bail, the victim and her parents may face threats or intimidation from the side of the accused because of which they are hesitant to approach Mumbai District Legal Services Authority.

6.

Having regard to the above, we direct that the victim and her parents should inform the Secretary of Mumbai District Legal Services Authority about the date of their visit and on such date, they should be provided adequate security by the jurisdictional police station so that interim compensation is disbursed to the victim.

7.

Secretary, Mumbai District Legal Services Authority shall also assign a competent para legal volunteer to aid and assist the victim and her family in completing the formalities. 8.

Let the above process be completed within a period of three weeks from today.

9.

With the above directions, writ petition is disposed of. 10.

In view of disposal of the writ petition, pending applications shall stand disposed of.

[PRITHVIRAJ K. CHAVAN, J.] [UJJAL BHUYAN, J.]