Plea seeking quashing of FIR against Centre for Equity Studies adjourned on petitioner's request
The writ petition by Harsh Mander's Centre for Equity studies [CSE] seeking quashing of FIRs against the organisation registered by the Economic Offences Wing under various sections of the Indian Penal Code was listed for yet another date today before Delhi High Court.
Before a bench of Justice Mukta Gupta, the advocate for petitioner appeared after the case was passed over on the first call and sought another date on account of non-availability of senior counsel.
The case has been listed for hearing on July 27, 2022 now on request of the petitioner's counsel. On the last date, the petitioner's counsel had stated that the annexes were sought to be refiled as there were some typographical errors in them.
[It is to be noted that the plea has been adjourned sans issuance of notice on the request of petitioner's counsel since the last 2 dates now]
The plea has sought quashing of FIRs which it claims has been filed, following directions of the National Commission for Protection of Child Rights (NCPCR) based on an inspection report stating that two Children Homes associated with Harsh Mander had prima facie gross violations of the Juvenile Justice Act and that they needed to be further probed. The inspection report had also stated that under the directorship of Mr. Mander, while providing information about grant of funds to them and its two institutions in Delhi (Ummeed Aman Ghar for Boys and Khushi Rainbow Home for Girls), failed to disclose a material fact regarding the funds being received from Rainbow Foundation India and Association for Rural and Urban Needy (ARUN) under the Rainbow Homes Program.
It is CSE's case that it is a nodal agency for "Every Child Campaign" of the Government of Delhi, a scheme which aims to setup residential hostels for street children in Government school buildings.
"That NCPCR, in a letter dated 06.10.2020 sought “request for information related to an enquiry of Umeed Aman Ghar Home for Boys” under Section 13(1)(j) of the Commission for Protection of Child Rights Act (CPCR) consequent to an alleged complaint dated 30.09.2020..."
- Plea states
CSE states that following this, an FIR was registered and that it is based on a deliberate misreading and misrepresentation of information that was provided by the petitioner to the NCPCR.
It is to be noted that the FIR has been pending before the Economic Offences Wing for offences under 406,409,420, 120B IPC & was listed to give evidence on 21.06.2021.
In its preliminary submissions, NCPCR has also stated before Delhi High Court that as per complaints received, children from only a particular religion were being housed in the Homes and that the organization was receiving hefty funds which were being used for illicit activities like religious conversion.
Under Annexure 3, NCPCR has added that complaints with respect to Sexual Abuse of minor boys by elder ones, were received from National Convener, Kalinga Rights Forum, Odisha.
Advocate Swarupama Chaturvedi appeared for NCPCR.
Case Title: Centre for Equity Studies Vs. Govt of NCT Delhi Thr. SHO EOW