This judgment addresses petitions for habeas corpus related to the custody of minor children placed in Baal Asha Trust by the Child Welfare Committee (CWC). The court concluded that the children did not qualify as 'abandoned', 'orphaned', or 'surrendered' under the Juvenile Justice (Care and Protection of Children) Act, 2015. As a result, the CWC's jurisdiction was deemed invalid, and the court ordered the children to be returned to the petitioners. The petitioners were directed to pursue legal adoption procedures.

Introduction

• The document discusses the Child Welfare Committee (CWC) and its role under the Juvenile Justice (Care and Protection of Children) Act, 2015, focusing on the welfare and rehabilitation of children.

CWC Actions and Statutory Framework

• The CWC placed children in Baal Asha Trust following statutory procedures to ensure their safety and well-being.
• The CWC's actions were found to be in accordance with the Juvenile Justice Act, prioritizing the children’s best interests.

Dismissal of Habeas Corpus Petitions

• The court dismissed the habeas corpus petitions filed by the biological parents, affirming that the children’s custody with Baal Asha Trust was legal and authorized.
• Petitioners were advised to pursue legal adoption procedures.

Assistance of Amicus Curiae

• Ms. Ankita Singhania’s contributions as Amicus Curiae were acknowledged for aiding the court's decision.

Analysis of Definitions under the Juvenile Justice Act

• The judgment analyzed the definitions of 'abandoned child', 'orphan', and 'surrendered child' under the Act.
• The children in question did not meet these definitions, invalidating the CWC's jurisdiction over them.

Case References and Legal Precedents

• The judgment reviewed the case of Kripal Amrik Singh and others, differentiating it from the present case.
• Noted that in past similar cases, interim orders allowed petitioners to take temporary custody of children based on their welfare.

Evaluation of FIR and Relevant Sections

• The FIR under Sections 370 and 34 of IPC and Sections 81 and 83 of the Juvenile Justice Act were examined.
• The court found no basis for allegations of trafficking or illegal activities involving the children.

Conclusion

• The judgment concluded that the children were not in need of care and protection as defined by the Juvenile Justice Act.
• The CWC's orders handing custody to Baal Asha Trust were deemed illegal.

Directions to CWC and Baal Asha Trust

• The court directed the CWC and Baal Asha Trust to hand over the custody of the children to the respective petitioners within 24 hours.
• Petitioners were encouraged to follow legal adoption procedures to retain custody.

Appreciation for Amicus Curiae

• The court appreciated Ms. Singhania’s impartial assistance and fairness in the proceedings.

Orders

• Custody of Ms. Kartika to Mr. Leelendra Deju Shetty and Smt. Shashiprabha Leelendra Shetty.
• Custody of Master Ayaan to Mr. Azharuddin Naushad Shaikh and Smt. Sabanaz Azharuddin Shaikh.
• Custody of Ms. Rehanika to Mr. NVS Rajesh and Smt. M.V. Puja Laxmi Kameshwari.