File precise affidavits or face contempt, high court tells Maharashtra in the case of girls fleeing juvenile home
Chhatrapati Sambhajinagar: Directing the state to file fresh, "pinpointed" affidavits and warning that any deviation would invite action under the Contempt of Courts Act, the Aurangabad bench of the Bombay high court on Tuesday fixed March 10, 2026, for further hearing in a suo motu PIL arising from the escape of nine minor girls from a juvenile home.A division bench of Justices Vibha Kankanwadi and Hiten S Venegavkar said future affidavits must be "pinpointed and confined to the information called for", making it clear that any lacuna or non-compliance would be treated as disobedience of its orders.The court, hearing a criminal PIL in 2025, initiated suo motu after news reports stated that nine minor girls escaped from a home and sought help at the district court in Chhatrapati Sambhajinagar. The girls had attempted to lodge a complaint with the District Legal Services Authority (DLSA).Taking serious note of the DLSA's response, the bench observed: "It appears that the said authority did not then take cognisance of the real problem of the girls, but the only act that was done by the authority was to hand over the custody of the girls to the Damini squad." The HC added that "the matter was not taken up with due sensitivity by DLSA".Senior counsel P R Katneshwarkar, appointed as amicus curiae, pointed out the gaps in compliance and submitted that the affidavits filed by the state were vague and did not specifically address the issues flagged by the court. He urged the bench to seek clear data on the functioning of Child Welfare Committees (CWCs), vacancies in key posts, and the implementation of earlier directions to ensure accountability under the Juvenile Justice (JJ) Act.Advocate Ganesh Gadhe, representing the registrar (judicial) of the high court, said the HC flagged several "deficiencies" in the affidavits and sought details on whether CWCs in all districts are holding regular meetings as mandated under section 28 of the JJ Act. It also noted the absence of clear data on vacant posts of district protection officers and any roadmap to fill them.The bench further sought the status and minutes of meetings of the High Power Committee constituted under Section 16(2) of the JJ Act for 2025. Non-publication of annual reports from 2018 to 2023 was highlighted as another instance of non-compliance.Criticising the state's approach, the court said, "Mere translation of our opinion in the form of a circular is not sufficient," underscoring the need for systemic corrective measures rather than routine issuance of circulars.Among its directions, the HC ordered the state to file fresh affidavits within three weeks addressing CWC meetings, officer vacancies, and the functioning of the High Power Committee. It also directed state govt to frame a transfer policy to ensure that training imparted to Special Juvenile Police Units (SJPU) and Child Welfare Police Officers' Units (CWPOU) is not "wasted" upon transfer, and to initiate training at the institutional or academy level for uniformity.The principal secretary (home department) was directed to file a separate affidavit regarding training and transfer of SJPU and CWPOU personnel. The Maharashtra State Legal Services Authority was asked to conduct awareness programmes for its authorities to ensure better services to children in similar situations in future.
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