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Can children's home workers be prosecuted, asks Bombay HC

The court has asked the government to file a detailed affidavit explaining what steps are being taken to curb corruption

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The Bombay High Court asked the state government on Monday whether people employed at the children's home at Umerkhadi in Dongri can be prosecuted under the Prevention of Corruption Act. The court asked the government to respond within three weeks.

A division bench of Justice RM Sawant and Justice Sadhana Jadhav said, "Long-term measures need to be adopted to curb the malaise of corruption. There is a sorry state of affairs at Umerkhadi."

The court has asked the government to file a detailed affidavit explaining what steps are being taken to curb corruption.

The direction was given during the hearing of a suo-moto public interest litigation filed after a former Chief Justice of the Calcutta High Court, Justice J N Patel, had written to the Bombay High Court in 2016 citing news reports of a sting operation carried out by Zee News highlighting money changing hands for the release of children who were lodged at the home.

The sting operation in 2016 exposed an alleged demand of Rs 5,000 from the parents of two children who were not released by officials even after having necessary orders from a court.

The court said, "The government in its affidavit should explain the details of the procedure followed to appoint officials at the children's home, which is managed by an NGO, and other things adopted for proper management."

Am Amicus Curiae (friend of the court) appointed by the High Court, advocate Rebecca Gonsalves, argued, "The official seen in the sting operation was placed under suspension pending an inquiry. But the government has not informed what final action has been taken against him. The larger issue of corruption is not being addressed by the authorities."

The bench said, "The person concerned may now have been reinstated." The bench has posted the matter for hearing after three weeks.

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