The Delhi High Court on Wednesday refused to quash the Delhi government notification setting up a committee to probe into the alleged sexual abuse of children at Arya orphanage in Daryaganj.
"The government rightly took cognizance of the incident and justifiably caused an informal inquiry to be made. Certain further incidents came to light, which were sufficient to raise an eyebrow with respect to the trauma, physical, sexual and mental faced by the inmates of Arya Bal Griha and Arya Kanya Sadan," a Bench headed by justice Pradeep Nandrajog said.
The court, however, quashed the government's order to inquire into the affairs of two other orphanages, Chandravati Chaudhary Smarak Trust and Chhatrawas Chandra Arya Vidya Mandir — both in East of Kailash — saying no incident akin to the ones which allegedly took place at Arya Anathalaya occurred there.
All the three city orphanages had challenged the government's decision to look into their affairs and had sought summoning of the records that allegedly formed the basis of inquiry against them.
About Arya orphanage, the court said: "We do not highlight the nature of the material available pertaining to the affairs at the institution for the reason it may unnecessary cause prejudice. But would record that the material shows a sufficient public interest on a matter of public importance requiring an inquiry." The court said if a problem of an institutional character existed, the government was within its rights to take remedial measures.
The NGOs, which runs these orphanages, had contended that merely on the basis of media report or "gossips", the government cannot pass an order to constitute a commission to look into the allegations.
The counsel, however, had conceded there was not much evidence against the children homes at East of Kailash and the government took the decision to examine the affairs of all five as they are "umbrella organisations".