NEW DELHI: The Supreme Court on Tuesday quashed the Allahabad high court order granting bail to three accused in child trafficking case and criticised both the high court and the Uttar Pradesh government for negligent approach.
"The high court dealt with bail applications callously, and it led to many accused to abscond. These accused pose serious threat to society. [The] least which was required from the high court while granting bail was to impose a condition to mark presence in police station every week. The police lost track of all accused persons," a bench of Justices JB Pardiwala and R Mahadevanthe said.
During the hearing, the top court appealed to parents to be vigilant and watchful to protect their children and said they cannot always bank upon the police and government authorities.
"As parents, you have to be vigilant about your child. The pain and agony a parent faces when a child dies is different when the child is lost to gangs of trafficking. When the child dies, the child is with Almighty, but when lost, they are at the mercy of such gangs," the Supreme Court said in its order as reported by Bar and Bench.
SC also passed directions to all state governments and high courts to keep a track of child trafficking cases to ensure that trial is conducted in a time-bound manner.
The court took note of a Times of India report about newborn trafficking and issued comprehensive guidelines for all states. "We have also taken cognizance of the Times of India report and we have directed the police officer looking into this to report the status of the case and what steps are being taken to tackle such gangs working outside and inside Delhi," the judgment said.
Also read: Newborn trafficking racket busted; three arrested, two infants rescued
On the state government’s role, the court said, "We are thoroughly disappointed how the state of UP handled this and why no appeal was made. No seriousness was showing worth the name."
The top court was hearing a case involving a stolen baby who was given to a couple that wanted a son.
"It appears the accused was longing for a son and then got a son for Rs 4 lakh. If you desire a son.. you cannot go for a trafficked child. He knew that the baby was stolen," the court said.
Therefore, the court proceeded to cancel the bail granted to the accused.
The top court also directed all high courts to ask lower courts to complete trials in child trafficking cases within six months.
"State governments shall take a look at the detailed recommendations by us and study the report which was submitted by Bhartiya Institute and implement the same at the earliest. High courts across the country are directed to call for the status of pending trials in child trafficking cases. Then directions shall be issued to complete trial in 6 months and also conduct day to day trial," the court said.
The Court also said that if a newborn is stolen from a hospital, the hospital’s license should be suspended.
"If any newborn is trafficked from a hospital, the first step should be suspend the license of such hospitals. if any lady comes to deliver a child to the hospital and the baby is stolen, the first step is suspension of license," it said.
"The high court dealt with bail applications callously, and it led to many accused to abscond. These accused pose serious threat to society. [The] least which was required from the high court while granting bail was to impose a condition to mark presence in police station every week. The police lost track of all accused persons," a bench of Justices JB Pardiwala and R Mahadevanthe said.
During the hearing, the top court appealed to parents to be vigilant and watchful to protect their children and said they cannot always bank upon the police and government authorities.
"As parents, you have to be vigilant about your child. The pain and agony a parent faces when a child dies is different when the child is lost to gangs of trafficking. When the child dies, the child is with Almighty, but when lost, they are at the mercy of such gangs," the Supreme Court said in its order as reported by Bar and Bench.
SC also passed directions to all state governments and high courts to keep a track of child trafficking cases to ensure that trial is conducted in a time-bound manner.
The court took note of a Times of India report about newborn trafficking and issued comprehensive guidelines for all states. "We have also taken cognizance of the Times of India report and we have directed the police officer looking into this to report the status of the case and what steps are being taken to tackle such gangs working outside and inside Delhi," the judgment said.
Also read: Newborn trafficking racket busted; three arrested, two infants rescued
On the state government’s role, the court said, "We are thoroughly disappointed how the state of UP handled this and why no appeal was made. No seriousness was showing worth the name."
The top court was hearing a case involving a stolen baby who was given to a couple that wanted a son.
"It appears the accused was longing for a son and then got a son for Rs 4 lakh. If you desire a son.. you cannot go for a trafficked child. He knew that the baby was stolen," the court said.
Therefore, the court proceeded to cancel the bail granted to the accused.
The top court also directed all high courts to ask lower courts to complete trials in child trafficking cases within six months.
"State governments shall take a look at the detailed recommendations by us and study the report which was submitted by Bhartiya Institute and implement the same at the earliest. High courts across the country are directed to call for the status of pending trials in child trafficking cases. Then directions shall be issued to complete trial in 6 months and also conduct day to day trial," the court said.
The Court also said that if a newborn is stolen from a hospital, the hospital’s license should be suspended.
"If any newborn is trafficked from a hospital, the first step should be suspend the license of such hospitals. if any lady comes to deliver a child to the hospital and the baby is stolen, the first step is suspension of license," it said.
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