The central legal point established in the judgment is that the National Commission for Protection of Child Rights can approach the court for directions only after completing the necessary inquiry as contemplated under the Commission for the Protection of Child Rights Act, 2005.

Headnote:
Child Rights - Investigation of Unfortunate Death - Commission for the Protection of Child Rights Act, 2005, Section 15 - Summary of Acts and Sections: The court discussed the relevant provisions of the Commission for the Protection of Child Rights Act, 2005, particularly Sections 13, 14, and 15, which empower the National Commission for Protection of Child Rights to inquire into complaints, take suo motu notice of violations of child rights, and recommend necessary actions upon completion of an inquiry. The court emphasized that the Commission can approach the Supreme Court or the High Court for directions only after completing the required inquiry as contemplated under the Act.
Fact of the Case:

The National Commission for Protection of Child Rights filed a petition seeking directions from the court in relation to the unfortunate death of a minor girl in Borum Village, Arunachal Pradesh. The court had previously considered the same issue in another proceeding and passed an order directing the Director General of Police, Arunachal Pradesh, to ensure proper investigation. The Commission approached the court alleging improper investigation by the State Police and seeking a Court-monitored investigation.
Finding of the Court:

The court found that the criminal investigative machinery had already been activated to inquire into the alleged rape and murder of the minor girl. It emphasized that drawing any conclusion at that stage would be premature and declined to pass any order for a Court-monitored investigation. The court also clarified that the Commission can approach the court only after completing the necessary inquiry as contemplated under the Act.
Issues: The issues involved the Commission's authority to seek a Court-monitored investigation and the timing of approaching the court for directions under the Commission for the Protection of Child Rights Act, 2005.
Ratio Decidendi: The court's decision was based on the interpretation of the relevant provisions of the Commission for the Protection of Child Rights Act, 2005, particularly Sections 13, 14, and 15, which outline the Commission's powers to inquire into complaints, take suo motu notice of violations of child rights, and recommend necessary actions upon completion of an inquiry. The court emphasized that the Commission can approach the Supreme Court or the High Court for directions only after completing the required inquiry as contemplated under the Act.
Final Decision: The petition was closed with the observation that the Commission is at liberty to take appropriate actions as empowered under the Act and may approach the court only on conclusion of the required inquiry as contemplated under the Act.

ORDER :

1. The Court proceedings have been conducted through Video Conference.

2. Heard Mr. K. Konwar, learned counsel for the petitioner. Also heard Mr. A. Chandran, learned Additional Senior Government Advocate for the State of Arunachal Pradesh.

3. The present petition has been filed by the National Commission for Protection of Child Rights seeking appropriate directions from this Court in terms of Section 15 of the Commission for the Protection of Child Rights Act, 2005 (hereinafter referred to as the “Act”) relating to certain unfortunate death of a minor girl in Borum Village in the State of Arunachal Pradesh on 20.05.2019.

4. It has been stated that the minor girl was found hanging on 20.05.2019 from the ceiling fan of the guest room on the second floor of one Shri Techi Kaso. It has been alleged that the case, however, was not properly enquired into by the police.

5. We do not wish to go into detail facts of the case inasmuch as this Court had considered the same issue in another proceeding in PIL (Suo Motu) No. 4/2019 and this Court passed an order on 23.04.2020 in the said proceedings after considering the allegations relating to the unfortunate death of the minor girl, which order comprehensively reflects the relevant facts of the case and accordingly, the same is reproduced herein-below:

“23.04.2020

1. Heard Mr. H.K. Das, learned Standing Counsel, Gauhati High Court, appearing for the petitioner. Also heard Mr. B.D. Goswami, learned Additional Advocate General, Arunachal Pradesh assisted by Mr. Arun Chandran, learned Additional Senior Government Advocate, Arunachal Pradesh for Respondents No. 1 to 3.

2. The Court proceedings have been conducted by means of creating a Virtual Court with the help of technology, so as to maintain distance between the staff, Advocates and the Presiding Judge.

3. This High Court took suo moto notice of news articles published in the ‘Assam Tribune’ ‘The Telegraph’ and ‘Times of India’ all of 8th June, 2019. As per news report, the National Commission for Protection of Child Rights and Assam State Commission for Protection of Child Rights, had appealed to the Home Ministry to take immediate steps to ensure proper investigation of unnatural death of a 12 years old girl in Arunachal Pradesh, Naharlagun.

It was reported that the girl whose parents originally hail from Dolahat Tea Estate area of Assam, Lakhimpur District, was found hanging on May, 20, 2019. She along with family members used to work in Naharlagun.

4. On this Court taking judicial notice, it appears that action has been taken by the police of Arunachal Pradesh. Affidavit of Shri Tumme Amo, the then Superintendent of Police, Capital Itanagar, Arunachal Pradesh, sworn on 11th November, 2019, has been filed detailing the progress in investigation of the case.

5. This Court, therefore, by suo moto action took cognizance of alleged lapses in investigation conducted in regard to alleged rape and unnatural death of a minor girl.

6. Gist of the affidavit is that telephonic information was received from the house of Shri Techi Kaso on 20th May, 2019 at 0657 hours that daughter of his watchman had committed suicide by hanging at his residence in the village. By the time the police reached, the dead body had already been brought down and taken to the house of Shri Jogeshwar Nag, the father of the deceased. Photographs of the dead body were taken. Inquest proceedings were conducted.

On inspection of the guest room, where the body was found, the door was already found to be broken open. The alleged dupatta of which ligature mark might have been caused had been burnt by Shri Jogeshwar Nag, father of the victim. Shri Jogeshwar Nag and other family members refused to register FIR, despite request, instead gave a written declaration that they are not willing to lodge FIR and insisted that they did not suspect any foul play and were not ready for getting postmortem examination conducted owing to sentiment and advice of the community. A request was made that

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