Response to DLSA Guntur

---------- Forwarded message ----------
From: seedsorg <seedsorg@yahoo.com>
Date: Thu, May 14, 2015 at 8:33 PM
Subject: Re: Plc..to guntur cwc by DLSA
To: bhaskar v <v.bhaskar001@gmail.com>, helpap <helpap@gmail.com>, Rammohan <help@helpap.in>

Dear Mr. Ram Mohan and Mr. Pavan

Please find the attachment and comment.

 

D.ROSHAN KUMARDirector, SEEDS
P.O.Box # 249, Door No.4-16-25/3, Bandlamudi Complex

Near Andhra Bank (Srinagar Colony Branch), Amaravathi Road

Guntur-522002, Andhra Pradesh, India
Tele Fax # 91-863-2351631

Mobile # 98480 90642
Emails: seedsorg@yahoo.com

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To

The Secretary

District Legal Services Authority (DLSA)

Guntur                                                                                                             Date: 14-05-2015

Dear Madam

Sub: Response of D. Roshan Kumar – Submission – Regarding.

Ref: PLC No.806 / 15 of the DLSA, Guntur

“Greetings”

1.    As you know very well that the Child Welfare Committee is also a court for the disposal of the cases of children below 18 years which is established by the Govt. of India under Sec 29(5) of Juvenile Justice (Care & Protection of Children) Act 2000, amend 2006. And this is to inform you that all the members in this committee are bench of magistrates conferred with the powers of First Class Judicial Magistrates. Further, you know very well that, the committee has been equipped with the powers to ensure the children in need of Care and Protection with deserved services by the state in terms of their development, care, treatment and rehabilitation under Sec 31 (2) of JJ (Care and Protection of Children) Act 2000 r/w 2006.

2.    I bring to your kind notice that I am in a dilemma on as what should I represent as the PLC No.806 /15 of the DLSA, Guntur addressed me as Mr. Roshan Kumar, District Coordinator, Guntur District Child Protection Unit, Mahila Pranganam Compound, Besides Collector BungaIow, Guntur, A.P and for your kind information, I am not the District Coordinator of the Guntur District Child Protection Unit and it is Mr. Naga Koteswara Rao who is working as District Child Protection Officer (DCPO), Guntur. However, we have decided to respond with absolute respect on the system and judicial procedures and in particular with the respect on the DLSA, Guntur.

3.    Further, we wish to bring to your kind notice that the matter mentioned in the petition submitted by the Advocate for petitioners / applicants is in the Child Welfare Committee, Guntur which is a Bench of Magistrates and shall has the powers conferred by the Code of Criminal Procedure, 1973 (2 of 1974) on a Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of the 1^st Class as per Sec.29 (5)  of the Juvenile Justice Act 2000  and the “The final authority to dispose of cases for the Care, Protection, Treatment, Development and Rehabilitation of children as well as to provide for their basic needs and Protection of Human Rights.” “Section – 31(1).”

4.    And it appears as if the petition has filed the case against a Government Officer which is not correct as I am not a Government Officer and further I as the Chairperson of the Child Welfare Committee (CWC), Guntur along with the members of the CWC dealt with the case as Bench of Magistrates under Sec. 29(5) of the Juvenile Justice (Care and Protection of Children) Act, 2000 amend 2006 keeping the core objective – “in the best interest of the child”.

5.    The CWC, Guntur has issued temporary orders in pending the receipt of the Social Investigation Report (SIR) from the District Probation Officer (DPO), Guntur and  on receipt of the SIR, the CWC, Guntur will issue the further orders once again after due examination of the SIR after interacting with the girl and other related. Please find enclosed the copy of the Proceeding Number: CWC. No.20 – GNTR/2015 dated 30-04-2015 of the CWC, Guntur and copy of S.S.C Public Examinations Hall Ticket as an authentic testimonial for the date of birth of Kalangi Anusha for your kind information and perusal.

6.    Further, we also bring to your kind notice that the petition is like a compliant on Individuals / duty bearers / Government Officers and not on the CWC which is a Bench of Magistrates and if it is on the Proceeding / Orders of the CWC, the JJ Act clearly mentions on the appeal.         

7.    And to our surprise, neither the Advocate who filed the petition on behalf of the petitioners nor other related has knowledge on the Juvenile Justice Act which is meant to protect the rights of the children and to take care of the children in need of care and protection and the children in conflict with law. If it is so, we express our regrets for the same and further we bring to your kind notice that we are yet to understand whether the petition is on me as an individual or on the CWC which is also a court for disposal of the cases of children below 18 years.  

8.    And we bring to your kind notice that the other allegations made by the advocate are immaterial in this case and are baseless with vested interest and to deviate the attention of learnt Magistrate those baseless and immaterial words are intruded into the petition if the petition filed on the CWC which is a Bench of Magistrates and court.  

9.    Meanwhile we assure you madam that the CWC, Guntur will absolutely act and exercise its powers and functions within the given jurisdiction of the JJ Act for proper implementation of Juvenile Justice System in the district.

Thanking you Madam

Yours in solidarity