Thursday, September 26, 2019

High Court orders counselling for boy

He wants to stay with a man of criminal antecedents

26/09/2019, STAFF REPORTER,MADURAI

The Madurai Bench of the Madras High Court has come across the case of a boy, under the influence of a man with criminal antecedents, who informed the court that he did not want to continue his studies and only wanted to stay with the man.

The boy told the court that if he was not allowed to do so, he would take an extreme step. However, the court also learnt of the fact that the boy had been abandoned by the man.

A Division Bench of Justices S. Vaidyanathan and N. Anand Venkatesh expressed its shock after the boy told the court that if an order to his liking was not passed, he would commit suicide. Taking into account that he was only a minor, the court said he was clearly addicted to certain habits of the man and he was not talking from his senses.

Habeas corpus plea

Hearing the habeas corpus petition filed by a relative of the boy from Tirunelveli, who sought a direction to the police to secure him, the court observed that the boy needed counselling and should be completely removed from the company of the man. The court ordered the custody of the boy to the Child Welfare Committee. There should be regular counselling and close monitoring of the boy, it said.

The court took cognisance of the fact that the man had managed to get a fake Aadhaar card for the boy, in a bid to usurp his properties.

A legal heirship certificate was obtained and power of attorney registered by furnishing bogus documents. The documents were executed by the minor, which is non-est in the eye of the law, the court said.

Passing a series of directions, the court ordered cancellation of the documents which should be reflected in the encumbrance certificate. It also ordered an inquiry into the case by the Assistant Commissioner of Police, Palayamkottai, and to ensure that nobody illegally occupied the properties of the boy. The Assistant Commissioner should keep the keys of the properties.

The court sought to know if the boy could be accommodated in a residential school and adjourned the hearing till October 15. The Assistant Commissioner was asked to be present before the court along with the boy.

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