JUDGMENT

Raghvendra Singh Chauhan, C.J. - Mrs. Chamle Parvathi Dilip, the petitioner, has filed the present Habeas Corpus Writ Petition, inter alia, on the ground that her child, Sandeep, is in the illegal custody of the respondent Nos.7, 8, 9 and 10.

2. Briefly, the facts of the case are that the petitioner was living with her husband and a daughter in Anandwadi Village, Latur District, Maharashtra. While she was five months' pregnant, she lost her husband. On 29.04.2019, while she was eight months' pregnant, she was travelling with her daughter from Anandwadi Village, Latur District, Maharashtra to Biloli Village, Nizamabad District, Telangana. Suddenly, she started feeling unwell, and she noticed bleeding due to some complications in her pregnancy. Therefore, on the advice of the co-passengers, she was taken to Sri Sai Prasanna Nursing Home in Bodhan, NIzamabad District. Dr. M.Prasanna Kumari, the Doctor at the Hospital, told her she had to be admitted immediately. Despite the fact that the pregnancy had not completed its full term, the child had to be delivered through C-Section surgery. As such, the petitioner was admitted in the hospital on 29.04.2019. On 02.05.2019, she delivered a male child at 1:20 PM.

3. Since the child was a pre-mature baby, he weighed only 2 kgs. The child was suffering from high jaundice, as his serum bilirubin content of the body was 9.8 Mgs%. The Doctor at the Nursing Home informed the petitioner that since they were only running a Nursing Home, the child needed to be taken to a Hospital. Therefore, they decided to shift the child either to Niloufer Hospital or Gandhi Hospital at Hyderabad. Since neither the petitioner, nor her daughter could leave the Hospital, the Doctor suggested that a senior aaya-amma (Mid-wife) from the clinic, Shainaz Begum, is competent to take the child to Niloufer Hospital, Hyderabad. Upon the advice of the Doctor, the petitioner handed over the custody of the child to Shainaz Begum, in order to take the child to the Niloufer Hosptial for being admitted there for the high jaundice that the child was suffering from.

4. Furthermore, according to the petitioner, despite the fact that Shainaz Begum was travelling with the medical records of the infant, the police intercepted her, on allegedly finding the movement of Shainaz Begum to be suspicious. They enquired about the child that she was carrying. The police force from the Afzalgunj Police Station informed the police at Bodhan Police Station. Therefore, the police from the Bodhan Police Station came to the Nursing Home, where the petitioner was admitted. Meanwhile, the police also informed the Integrated Child Development Services (ICDS) at Bodhan. Subsequently, the police registered a formal FIR, namely Crime No.157 of 2019, for offence under Section 370 read with 34 IPC. The police handed over the custody of the newly born child to the Child Welfare Committee. Despite the best efforts of the petitioner to have the child released, the Committee is refusing to release the child. Hence, the present Habeas Corpus Writ Petition before this Court.

5. By order dated 11.02.2020, this Court had directed the learned Government Pleader for Women Development and Child Welfare to produce the report of the social worker as well as the investigation report and the final order passed by the Committee. Consequently, today, the learned Government Pleader has submitted certain documents, including the Social Worker Investigation Report. The same shall be taken on record.

6. Section 32 of the Juvenile Justice (Care and Protection of Children) Act, 2015 ("the Act", for short) deals with mandatory reporting regarding a child found separated from guardian. Section 36 of the Act deals with inquiry to be conducted by the Committee, once a child is produced before the Committee. Section 37 of the Act deals with orders passed regarding a child in need of care and protection.

7. Section 36(1) of the Act imposes a duty upon the Committee to call fo