It is highly deplorable and heart-rending to note that many poverty stricken children and girls in the prime of youth are taken to flesh market and forcibly pushed into the flesh trade which is being carried on in utter violation of all cannons of morality, decency and dignity of humankind. There cannot be two opinions-indeed there is none-that this obnoxious and abominable crime committed with all kinds of unthinkable vulgarity should be eradicated at all levels by drastic steps. (1990) 3 SCC 318 (para 7) Vishal Jeet v. UOI & Ors.

By way of the instant revision petition, the petitioner challenges the order dated 10th August, 2009 passed by the Metropolitan Magistrate (Central) with regard to custody of two minors recovered in police actions in violation of the provisions of Section 17(A) of the Immoral Traffic (Prevention) Act, 1956 and other relative provisions. The petition has been filed by the Delhi High Court Legal Services Committee as per the mandate of Section 8(a) of the Legal Services Authority Act, 1987 and the High Court Legal Services Committee Regulations.

Factual Background

2. Two young girls A and B, aged 14 years and 16 years respectively, were rescued by the Delhi Police on 29th July, 2009. On a complaint made by B, FIR No. 98/2009 was registered by the police station Kamla Market on 29th July, 2009 under sections 366A, 368, 373, 323, 376, 109 read with Section 34 of the Indian Penal Code (IPC hereafter) and sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956 (hereafter referred to as the IT Act of 1956).

3. As per the complaint, it appears that A & B, hailing from extremely poor families of the District South 24 Paraganas in West Bengal, were fraudulently lured to Delhi, sold and compelled into prostitution by their captors till rescued by the police.

4. After the rescue, the senior officials in the police as well as an NGO concerned with such like matters, were informed. They were then produced before the Child Welfare Committee for Care and Protection at the Nirmal Chhaya Complex, Jail Road, Hari Nagar, New Delhi and lodged in the Children s Home for Girls.

5. One person claiming to be the father of B, thereafter, filed an application before the Metropolitan Magistrate seeking her custody. On this application, the Metropolitan Magistrate passed an order on 10th August, 2009, noting that as per the reply filed by the investigating officer, the age determination test of the prosecutrix had been conducted and that the investigating officer had no objection to handing over the physical custody of the victim to the father. The learned trial Judge scrutinised the voter identification card, ration card and transfer certificate of the applicant. On this material alone, without inquiring any further, the learned trial Judge concluded that the applicant was the father of one of the girls and passed the order for handing over her custody to the applicant as he was her natural father. No further inquiry was deemed necessary by the learned Metropolitan Magistrate before directing handing over custody of the child to the father.

6. This order was orally brought to the Hon’ble the Chief Justice by Mr. V. Madhukar, learned counsel for the Delhi High Court Legal Services Committee, resulting in the passing of the following order dated 11th August, 2009 :

Crl. R............../2009 (to be numbered)

We have heard Mr. V. Madhukar, learned counsel for petitioner/DHCLSC.

In view of the submission of learned counsel for petitioner, operation of impugned order dated 10th August, 2009 passed by Metropolitan Magistrate (Central)-05 in FIR No.98/2009, Police Station Kamla Market is hereby stayed. The lower court is further directed not to pass any order in respect of other rescued girl, namely, Kavita, till further orders of this Court.

Petitioner is directed to file a proper petition before the Registry of this Court. Registry is directed upon filing of petition, same be listed before appropriate Bench on 17th A