IN THE HIGH COURT OF KARNATAKA AT BANGALORE

Dated this the 17th day of February 1994

PRESENT:

THE HON’BLE MR. S.B.MAJMUDAR, CHIEF JUSTICE

AND

THE HON’BLE MR. JUSTICE N.D.V. BHAT

WRIT APPEAL NUMBER 354 OF 1994

Digvijay Mote, Jayaram Building, Jakkur Village,

Bangalore-560 064.                                                                                    …Appellant

(By Sri. Digvijay Mote – Party in person)

-Vs-

(1)   Government of India, Through Home Secretary,

South Block, New Delhi-110 001.

(2)   The Government of Karnataka, Through Home Secretary,

Vidhana Soudha, Bangalore – 560 001.                                                  …. Respondents.

     (By Sri. A.M. Farooq, HCGA for R-2) Sri Mukunda Menon, CGSC for R-1)

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                   This appeal is filed against the order passed by the learned single Judge in W.P.

             This appeal coming on for preliminary hearing this day, CHIEF JUSTICE delivered the following:

JUDGMENT

(1)      This appeal is directed against the order passed by the learned Single Judge in a pending Writ Petition moved by the appellant (party-in-person) as a public interest litigation for enforcing the rights of 150 children of refugees being Sri Lanka Tamilians. They are staying in residential school in Karnataka which is situated in Jakkur near Bangalore. These children are said to have come for studies in Primary and Secondary education courses in Tamil and English. They were earlier staying in refugee camps with their parents in Tamil Nadu and Orissa. From these two camps these children have come to the aforesaid place for prosecuting their studies. In the writ petition various reliefs were prayed for and at the stage of notice ad interim order was not granted. The petitioner has, therefore, filed this appeal.

(2)     The appellant (party-in-person) submitted before us that come ad interim order is required to be issued in this connection so that these children who are other wise starving may keep their body and soul together because they are studying in a residential school where there are no funds to maintain them and it was likely that some of them may die out of starvation and therefore, the learned single Judge should have passed some ad interim on adhoc basis so that these children can avoid starvation deaths.

(3)          In this appeal we have issued notice to the respondents i.e., Government of India and Government of Karnataka. We are happy to note that pursuant to the notice issued by us. In humanitarian grounds, respondent-? Has agreed to provide, without prejudice to the rights and contentions of both the sides, some basis requirements such as food, tea etc., to these children subject to further orders in the writ petition. Mr.  Farooq, the Learned Government Advocate produced before us a Photostat copy of the proceedings of the meeting held in the Chambers of the Chief Secretary to Government at 12-30 p.m. on 5-2-1994. On humanitarian grounds the following decision was taken:

“Department of Women and Children Welfare through the Social Welfare Department will be requested to take appropriate measures to provide basic amenities to the children lodged in the camp on humanitarian consideration.”

(4)       Mr. Farooq informed us that he has been instructed to submit, subject to the orders of this Court, that the Social Welfare Department will see to it that an anther arrangement is made on a pot. In the said realdential school to provide food on the same line as provided in the Government Hostels and Ashrams which will include, ten twice a day, morning breakfast, lunch and dinner. It is made clear that these arrangements will be made on abhoc basis with a view to see that the concerned inmates do not starve. Mr. Farooq made it clear that the food will be provided on spot from Sunday i.e., 20-2-1994 the highly appreciate this good gesture on the part of the State Government. It is made clear that his arrangement is purely on humanitarian   grounds and it is voluntarily made by the State Government without prejudice to the rights and contentions of both the sides and subject to the further orders which the learned Single Judge may pass after hearing both the sides in the writ petition which we are told is at the stage of admission. In the light of the above, this arrangement will continue for some time. We should not be understood to have expressed any opinion on the merits of the writ petition. In short, all questions are kept open.

(5)           It is obvious that respondent-2 will carry out the directions as contained in this order and as agreed to before us. It will be open to the Departmental Authorities who will be supplying the foods on spot to take co-operation of any of the inmates in this regard.

(6)           This appeal is disposed of subject to the directions issued as aforesaid with the consent of both sides.

Sd/- Chief Justice

Sd/- Judge.