JUDGMENT - F.I. REBELLO, J.:---This petition along with several other petitions was posted for hearing on a common issue which arose therein. The issue is, what is the power of this Court to appoint a foreign guardian, in respect of infants, where temporary guardianship was granted in terms of the Juvenile Justice Act, 1986. As the matter was not covered by any reported judgment and involved a large number of children in respect of whom petitions were pending in this Court, notice was issued amongst others to the learned Advocate General of the State of Maharashtra. Various organizations including ICSW. Counsel generally appearing in these matters were heard and their views have been considered.

2.The facts in the present petition are only been set out as they will be sufficient for the purpose of disposing of the issue in controversy.

3.The petitioners herein have moved this Court under Clause 17 of the Letters Patent as also under section 3 and other provisions of the Guardians and Wards Act, 1890. The male Varad was born on 24th January, 1997. The child was abandoned and was committed to the Children of the World (India) Trust by the Chairman, Zilla Bal Kalyan Mandal, Ratnagiri on 6-4-1997 under section 15(2) of the Juvenile Justice Act, 1986. It is during this period of 3 years that the application for appointment of Guardian came up before this Court wherein the question as raised earlier arose.

4.For the purpose of deciding the issue in controversy one may look at the provisions of "The Juvenile Justice Act, 1986" which hereinafter shall be referred to as the Juvenile Act.

In so far as Juvenile Act is concerned, under section 2(h) "juvenile", means a boy who has not attained the age of sixteen years or a girl who has not attained the of eighteen years". "Guardian" has been defined in relation to a Juvenile to include any person who, in the opinion of the competent authority, having cognizance of any proceeding in relation to a juvenile, has, for the time being, the actual charge of , or control over, that juvenile. "Delinquent Juvenile" is defined to mean a juvenile who has been found to have committed an offence. In the instant case at the outset it may be pointed out that none of these cases cover a delinquent juvenile but neglected juvenile. Under section 7 of the Act where a Board or a Juvenile Court has been constituted for any area, such Board or Court, shall, notwithstanding anything contained in any other law for the time being in force but save as otherwise expressly provided in this Act have power to deal exclusively with all proceedings under this Act relating to neglected juveniles or delinquent juveniles, as the case may be. "Neglected juvenile" has been defined under section 2(1) of the Act to mean a juvenile who is found begging or is found without having any home or settled place of abode and without any ostensible means of subsistence and is destitute or has a parent or guardian who is unfit or incapacitated to exercise control over the juvenile or lives in a brothel or with a prostitute or frequently goes to any place used for the purpose of prostitution, or is found to associate with any prostitute or any other person who leads an immoral, drunken or depraved life or who is being or is likely to be abused or exploited for immoral or illegal purposes or unconscionable gain. By virtue of sub-section (3) of section 7 power conferred on the Board or Juvenile Court by or under this Act may also be exercised by the High Court and the Court of Sessions, when the proceeding comes before them in appeal, revision or otherwise. Section 15 pertains to inquiry by the Board regarding neglected juveniles. By virtue of sub-section (2) of section 15 if the Board is satisfied on inquiry that a juvenile is a neglected juvenile and that it is expedient so to deal with him, the Board may make an order directing the juvenile to be sent to a juvenile home for the period until he ceases to be a juvenile. By proviso to sub

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