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HC refuses to cancel summons of children’s rights panel to Isha centre

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CHENNAI: Holding that mere issuance of a summons by the Tamil Nadu Commission for Protection of Children’s Right (TNCPCR) would not provide cause for the Isha Yoga Centre to prefer a writ petition, the Madras High Court refused to quash the summons issued against the Isha by the TNCPCR.

Justice SM Subramania­m passed the order on hearing a plea by Isha Yoga Centre challengin­g the suo-moto complaint taken by the TNCPCR dated September 21, 2016. The suo-motu complaint was taken on charges of deprivatio­n and violations of children rights at Isha

Yoga Centre.

The petitioner submitted that the commission had failed to hear the matter on a particular day despite the administra­tor of the Isha appearing before it with the files.

“The authoritie­s had pre-determined their mind during the relevant point of time and they were not ready to hear the case with an open mind,” AM Amutha Ganesh, counsel for the petitioner submitted. However, C Jayaprakas­h, the government advocate objected stating that the authoritie­s competent are bound to conduct an inquiry wherever the necessity arises. “In the case, actions were taken under sections 14 (1) and 13 (1) (j) (k) of the Commission

for Protection of Child Rights Act, 2005,” the government advocate argued.

On recording the submission­s, the judge disposed of the matter directing the TNCPCR to issue fresh summons to the petitioner, fixing the date and time, enabling them to appear and submit their response within four weeks from the date of receipt of a copy of this order.

“The petitioner is directed to submit their response within two weeks from the date of receipt of the copy of the summons to be issued by the TNCPCR. The commission shall conduct an inquiry by allowing the petitioner and pass orders on merits and under the law within eight weeks from the date of issuance of summons,” the judge ruled.

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