HC suspends impugned order

    14-Jul-2020
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By Our Staff Reporter
IMPHAL, Jul 13: The High Court of Manipur today suspended the impugned proceeding/order dated July 9 of the Manipur Human Rights Commission (MHRC) which directed that a minor child be handed to the Child Welfare Committee, Bishnupur, said Human Rights Law Network in a statement. 
According to the statement, on July 10 a writ petition was filed before the High Court of Manipur by Md Kasim Ali of Kwakta Sabal Leikai in Bishnupur district praying for quashing the order dated July 9 passed by the  Manipur Human Rights Commission as the said proceeding was taken up without following procedure established by law.
Bashirul Bibi of Oinam Dam Makhong in Imphal West filed a complaint before the Manipur Human Rights Commission stating that her minor grandson was kidnapped by Md Kasim Ali and some unknown persons on June 20.
Md Kasim Ali’s daughter Rabina Begum was married to Bashirul Bibi deceased son Haneef alias Boycha and a son was born out of the wedlock. They got separated and Md Kasim’s daughter took custody of her minor son, said HRLN.
On July 9, the MHRC considered the case and decided that the Commission has no jurisdiction to decide the guardianship or custody of the child and such, the parties were given liberty to approach the appropriate form to redress their grievances.
However, the Commission passed an order, directing that the custody of the child be handed over to the Child Welfare Committee, Bishnupur and directed the Officer-in-Charge of Bishnupur Police Station to assist the matter.
The High Court of Manipur today issued notice to the respondents and also suspended that impugned proceeding/order passed by the MHRC as the Commission does not have the authority to adjudicate such cases as Family Court is the appropriate forum to deal with the matters relating to the guardianship/custody of a child, added HRLN.