New Delhi: The Supreme Court on Monday expressed
its displeasure that government did not respond to its order
on the "serious" issue of ensuring that all schools and
hostels of educational institutions should be kept away from
the occupation of security forces.
The apex court by its September 1 and November 15
orders had asked the Centre to "clearly state as to how many
of the educational institutions in the country are under the
occupation of security forces/para military forces".
"You cannot allow the schools and colleged under the
occupation of the security forces," a Bench comprising
Justices B Sudershan Reddy and S S Nijjar said and asked the
Defence, Home and Human Resource Development Ministries to
respond within four weeks.
"It is a very serious issue," the Bench said and made
it clear that the role of the Centre was more important on the
issue as the CRPF, CISF etc are central forces and not the
forces of the state governments.
The apex court had on September 1 passed the order while
hearing on an issue relating to trafficking of 76 children
from Manipur and Assam to Tamil Nadu.
The directions were passed on the recommendations of
National Commission for Protection of Child Rights (NCPCR)
which was asked by the court to inquire into the trafficking
of children from Manipur and Assam to Tamil Nadu on the
pretext of providing them better education.
The bench had also asked Manipur, Assam, Tamil Nadu,
Kerala and Karnataka to respond to the recommendation of the
NCPCR to shut down unregistered charitable houses running
schools and hostels. The apex court asked Manipur and Assam to file an affidavit in response to the suggestions given by NCPCR.
When it was pointed out that Kerala, Karnataka and
Tamil Nadu, being the destination states, have not responded
to the notices, the Bench said "they are also required to file
While there was a specific direction to the Home
Ministry to ensure that the schools and hostels be freed from
the occupation of the Army and central paramilitary forces,
the bench had asked the HRD Ministry to find out the list of
schools occupied by the forces in two states.
Further, the bench asked the Ministry of Development
of North Eastern Region (DONER) to hold meetings with seven
North Eastern states on various aspects of development.
The court had accepted the plea of NCPCR seeking the
authority to review the matter with the state government.
The names of the 76 children were furnished by Tamil
Nadu government. They have been sent back home in two North
Eastern states. The court had on March 31 asked NCPCR to inquire into
the matter while hearing an application based on a media
report about recovery of the 76 children.
Tamil Nadu government had earlier said the probe by
the Kanyakumari Superintendent of Police has established that
the 76 children from Manipur and Assam were brought to Tamil
Nadu by one Rev Paul from north-eastern region on the promise
of providing them better education.