Srinagar: High Court of J&K and Ladakh Tuesday directed the police to take action in order to ensure reunion of a 24-day-old girl with her mother who was “separated forcibly” from her.
Observing that the Court cannot act as a mute spectator but in the interest of justice necessary measures needed to be taken to save the life and health of the child, a bench of Justice Ali Mohammad Magrey said: “It becomes imperative to secure her recovery and save the mother from the agonizing situation she has been put to”.
The Court said this while hearing through advocate Areeb Javed Kawoosa a petition by the woman from Jammu stating that her 24-day-old daughter has been forcibly taken away by her in-laws from Nishat here.
The court directed the Senior Superintendent of Police, Srinagar to take all necessary measures to ensure recovery of the child from her in-laws by 4:30 pm on Tuesday itself.
The Court further said the SSP and the Police team he may assign such duty or may be accompanying him shall be authorized to raid any place and household they may suspect the child has been confined in or kept hidden.
The Court ordered the police team to keep a magistrate along and available to meet any eventuality or to fulfill any legal formality.
The Court also ordered the police team to keep a paediatrician along with it from Children Hospital, Sonawar, Srinagar or some other Hospital depending upon the convenience of the team for conducting immediate medical check-up of the child on her recovery to assess her health condition. The Police was also asked to make a detailed report accompanied by the medical report of the medical check up.
The Court also asked the police team to record the exact time and place of the recovery of the child and in what condition she was kept.
The court also asked the team to contact the Medical Superintendent of JLNM Hospital, Rainawari, and ascertain from him on the basis of their records as to what was the weight of the child and the status of her general health at the time of her birth and assess comparatively whether she has gained weight normally or not on account of separation from her mother and lack of breast milk.
The Court said on recovery of the child in case the doctor accompanying the Police team was of the opinion that she needed to be checked by more than one doctor or a team of doctors or board of doctors for any reason whatsoever, he would advise the police accordingly.
The Court said the doctors would also advise the treatment for any ailment suffered or contracted by the child during her separation from her mother or special care that would be needed by her for recovery and betterment of her health.
The Doctors, the court said, may also suggest a tentative, minimum compensation that should be granted in favour of the mother of a child.
On recovery of the child and conduct of her medical check-up and after completing other formalities as may be necessary, the Court asked SSP Srinagar to produce her before its Registrar Judicial for handing over of the girl to her mother.