ORDER:— These three writ petition come before us on notice to the State of Uttar Pradesh. They seek relief in respect of certain juvenile undertrial prisoners in the Kanpur Central Jail. The allegations in respect of these juvenile undertrial prisoners are that though there is a Childrens Home in Kanpur, these juvenile undertrial prisoners who are, according to the allegations in the writ petitions, more than 100 in number are lodged in the Kanpur Central Jail instead of being sent to the Childrens Home and they pre being sexually exploited by the adult prisoners. These allegations are based on a news report published in the issue of the Indian Express dated 2nd December, 1981 where a reference is made to a visit of Shri Madhu Mehta of the Hindustani Andolan to the Kanpur Central Jail incognito. Shri Madhu Mehta, according to this news report, found that "young boys of 10 to 14 years" were being "supplied to convicts for their delectation" and a boy named Munna whom he met, was in agony because "after the way he was used, he was unable to sit". When these three writ petitions based on the news report came up for admission, it was not possible to state whether these allegations contained in the news report were correct or not. But if they were correct, they disclosed an extremely distressing state of affairs and they were sufficient to shock the conscience of the court. The Court, therefore, issued notice. to the State of Uttar Pradesh in each, of these three writ petitions, But, it appears that, in the meanwhile, a writ petition bearing number 14645 of 1981 was also filed in the High Court of Allahabad by an organisation called Human Rights Organisation seeking relief in respect of these juvenile undertrial prisoners and on this writ petition, the High Court of Allahabad rightly activated itself and decided to investigate into the matter and with that end in view, made an order dated 18th December, 1981 requesting the seniormost Sessions Judge of Kanpur to visit the Kanpur Central Jail and to make a report on the following points :

1. Whether there is any detenu below the age of 16 years who is being detained in the Distt. Jail, Kanpur? if so, the names of such detenus and the offences in connection with which they are being detained be indicated.

2. Whether any detenu below the age of 21 years is being kept under fetters or was being kept under fetters?

3. Whether any such person is being subjected to torture of the nature mentioned in the petition?

4. Whether such inmates of the prison are being provided with proper medical facilities?

The Sessions Judge accordingly visited the Kanpur Central Jail on 21st December, 1981 and submitted his Report dated 22nd December, 1981 to the High Court of Allahabad. We do not propose to consider this Report in detail at this stage, but suffice it to state that according to this Report, there were admittedly seven juvenile undertrial prisoners below the age of 16 in the Kanpur Central Jail, but, curiously enough, barring one Deshraj who was transferred to the Childrens Home Kanpur on 19th December, 1981, all the rest happened to be released on different dates between 7th and 16th December, 1981, before the order made by the Allahabad High Court on 18th December, 1981. It is rather interesting to note that the news report in the issue of the Indian Express was published on 2nd December, 1981 and Writ Petition No. 8974/81 which is the first of these three writ petitions was filed by Miss Lily Thomas on 3rd December, 1981 and these juvenile undertrial prisoners were released within a few days of the publication of the news report and the filing of the writ petition. Even so far as Deshraj is concerned, though he was admitted in the Kanpur Central Jail. on 7th March. 1981, he wag not transferred to the Childrens Home Kanpur until 19th December, 1981 after the order was made by the Allahabad High Court. The consequence of release of these undertrial juvenile prisoners, except Deshraj, was that the S