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2023 Supreme(Del) 1521

MANMOHAN, SAURABH BANERJEE
Independent Thought – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. Vikram Srivastava and Ms. Shalu, Advocates, for the Petitioner.
Ms. Monika Arora, CGSC with Mr. Yash Tyagi and Mr. Subhrodeep, Advocates, for UOI.

JUDGMENT

Manmohan, J. (Oral)

1. Present writ petition has been filed with the following prayers:"

    a) issue an appropriate writ, order or direction in the nature of certiorari or such other similar writ, in the nature of declaration, declaring Section 198(6) to the extent inconsistent with the provisions of Protection of Children from Sexual Offences Act, 2012 as unconstitutional & ultra-vires and liable to be struck down; and

    b) issue an appropriate writ, order or direction in the nature of certiorari or a writ of declaration that the provisions of Section 19 read with Section 21 of the Protection of Children from Sexual Offences Act, 2012 requiring mandatory reporting of offence being committed under the Act overrides the restrictions being imposed under Section 198(1) read with 198(3); and

    c) issue an appropriate writ, order or direction in the nature of certiorari or a writ of declaration broadening the definition of `person' under 198(3) who intends to complaint on behalf of a person under the age of eighteen years, specifically to include Childline (1098), Child Welfare Committee and other agencies as provided under the Juvenile Justice (Care and Protection of Children) Act, 2015

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