The court's exercise of parens patriae jurisdiction to protect the well-being of a child and ensure proper investigations into the production of forged documents and illegal occupation of properties.

JUDGMENT :

(Prayer : To issue a Writ of Habeas Corpus or any other writ or Order or direction in the nature of writ of Habeas Corpus Directing the respondents no. 1 and 2 to produce the Body or person of detenue the petitioners sisters minor son namely Aswinsamraj.)

Pursuant to the orders passed by this Court on 23.09.2019, the second respondent/ Police produced the detenu before this Court.

2. The learned Additional Public Prosecutor, on instructions, submitted that Lakshmanan with whom the detenu wants to stay, is a man with criminal antecedents. He submitted that Moontradaippu Police Station, Tirunelveli has registered a case in Crime No.100 of 2019 against Lakshmanan and another for the offence punishable under Sections 447, 294(b), 324, 323, 427 and 506(i) of IPC. The learned Additional Public Prosecutor further submitted that the second respondent was able to find the detenu only by tracing his mobile number, since he was not present with the said Lakshmanan. The detenu was ultimately found at Koondhankulam, which is 40 Kms away from the Police Station and the detenu was found abandoned.

3. We personally enquired the detenu. We asked him to explain as to how a forged Adhaar Card was produced before the Sub-Registrar, Palayamkkottai. The detenu informed us that he spoke with Lakshmanan and Lakshmanan arranged to create fabricated documents and the same was produced before the Sub- Registrar, Palayamkkottai. The detenu further stated that he is not with Lakshmanan for several days now and he is in touch with him only through phone calls.

4. We were able to notice that the detenu is now under the complete influence of Lakshmanan. When we suggested to the detenu that for his own interest, he has to say in a Home for some time before arrangements are made for admitting him in a Boarding School, the detenu vehemently opposed the said suggestion and he was adamant to stay only with Lakshmanan and he went to the extent of saying that he does not want to continue his studies also. It was shocking to hear from him that if the Court does not pass orders to his liking, he will even take the extreme step of committing suicide.

5. We clearly understand that the detenu, who is a child, is not talking from his senses and he is clearly addicted to some bad habits, probably through Lakshmanan. We, therefore, find it imperative to keep him in close scrutiny since we are exercising parens patriae jurisdiction. The detenu requires counselling and he needs to be completely removed from the company of Lakshmanan. As an immediate step, we direct the second respondent/Police to take the detenu to the care and custody of the Secretary, Child Welfare Committee, Saranalayam, Tirunelveli Junction. It is made clear that Lakshmanan or any one of his friends or relatives shall not be allowed to go near the Home and make any attempts to get in touch with the detenu. The second respondent shall specifically inform the Secretary of the Home that the detenu has to undergo regular counselling in order to find out whether he is addicted to any bad habits. This step will help in identifying the psychological problem that is faced by the detenu and will enable this Court to pass appropriate orders after identifying the problem. The detenu shall be taken care of and shall be very closely monitored and at no point of time, the detenu shall be left alone in the Home and he shall not be allowed to go out of the Home. The second respondent Police or the officials belonging to the second respondent Police Station shall visit the Home daily twice in the morning and in the evening.

6. We had already directed the investigation to be taken over by the Assistant Commissioner of Police, Palayamkkottai. We had directed the Assistant Commissioner of Police to make certain enquiries and for proper understanding, we reiterate the same as follows:

''(a) A recognized residential School, where the detenu can be admitted to continue his studies;

(b) The Bank, in which, the properties an b