No evidence of children's murder in Muzaffarpur shelter home case: CBI tells SC
New Delhi, Jan 8: There is no evidence of murder of children in Bihar's Muzaffarpur shelter home, the CBI on Wednesday told the Supreme Court.
The probe agency told the apex court that two skeletons were recovered from the home's premises which were later, in forensic investigation, found to be of a woman and a man.
A bench headed by Chief Justice S A Bobde accepted the status report of the CBI and allowed two officers to be relieved from the investigation team.
Attorney General K K Venugopal, appearing for the probe agency, said investigation was done on allegations of rape and sexual assault of children and charge sheets have been filed before the courts concerned.
Venugopal said the children, who were alleged to have been murdered, were later traced and found to be alive.
He said the CBI has investigated cases of 17 shelter homes in Bihar and charge sheets have been filed in 13 of them, while in four cases the preliminary inquiry was conducted and later closed as no evidence of any wrongdoing was found.
The probe agency, in its status report filed on Monday, said no incriminating evidence proving commission of any criminal offence could be gathered in four preliminary enquiries and as such no FIR has been registered.
The CBI had also said the Bihar government has been requested to take departmental action and action of cancellation of registration and blacklisting of concerned NGOs by providing them the result of investigation, i.e., the CBI report.
Several girls were allegedly sexually and physically assaulted at a shelter home run by an NGO in Bihar's Muzaffarpur. The issue had come to light following a report by the Tata Institute of Social Sciences (TISS).
Following the report, a petition was filed in the apex court seeking lodging of an FIR and court-monitored probe by an independent agency into the allegations.
The plea filed by journalist Nivedita Jha through advocate Fauzia Shakil has sought "registration of FIR and independent investigations or court monitored probe into the affairs of these 14 (other) shelter homes in Bihar mentioned in the TISS report".
The apex court had directed the CBI to probe the offences under the Information Technology Act regarding the video recordings of the alleged assault on girls at the shelter home.
It had also directed the agency to investigate the role of "outsiders who were involved and facilitated the sexual assaults on the inmates," after administering them intoxicants and also against those who allegedly indulged in trafficking of girls from the shelter home.
The apex court had earlier directed the CBI to complete its probe into the alleged murder of 11 girls at the shelter home and asked it to file a status report.
The SC had transferred the case from Bihar to a Protection of Children from Sexual Offences (POCSO) court in Saket District Court complex in Delhi.
Earlier, the top court had directed the CBI to conduct a probe into allegations of physical and sexual abuse of inmates in 16 other shelter homes in Bihar which were flagged in the TISS report.
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Ordinance issued to increase number of Supreme Court judges from 34 to 38
New Delhi (PTI): The government has promulgated an ordinance to increase the strength of the Supreme Court from the present 34 judges to 38, including the Chief Justice of India.
The law ministry notified the ordinance on Saturday, which amended the Supreme Court (Number of Judges) Act, 1956, to increase the sanctioned strength of the top court.
So far, the sanctioned strength of the top court was 34, including the Chief Justice of India (CJI). Now, the number of judges has been increased by four, taking the sanctioned strength to 38.
The top court will now have 37 judges, other than the CJI.
With the apex court having two vacancies at present, and the ordinance coming into force immediately, the Supreme Court Collegium will now have to recommend six names for appointment as judges in the top court.
A bill will be brought in the Monsoon Session of Parliament to convert the ordinance – an executive order – into a law passed by Parliament.
The Union Cabinet had cleared a draft bill on May 5 to increase the number of apex court judges.
The strength of the Supreme Court was last increased from 30 to 33 (excluding the CJI) in 2019.
The Supreme Court (Number of Judges) Act, as originally enacted in 1956, put the maximum number of judges (excluding the CJI) at 10.
This number was increased to 13 by the Supreme Court (Number of Judges), Amendment Act, 1960, and to 17 by another amendment to the law.
The Supreme Court (Number of Judges) Amendment Act, 1986, augmented the strength of judges from 17 to 25, excluding the CJI.
A fresh amendment in 2009 further increased the strength from 25 to 30.
Article 124(3) of the Constitution lists the qualifications required to become a Supreme Court judge.
An Indian citizen who has either served as a high court judge for at least five years, or as an advocate for 10 years, or is a distinguished jurist, can be appointed to the top court.
The strength of the Supreme Court is increased based on the recommendations of the CJI, who writes to the Union law minister. After consulting the finance ministry, the Department of Justice under the law ministry moves the Cabinet with a draft bill.
