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High Court adjourns Budhia case to July 9

Correspondent

CUTTACK: The Orissa High Court adjourned the Budhia Singh walkathon ban case to July 9 as the hearing on maintainability of the case remained inconclusive on Monday.

Budhia’s foster father and coach Biranchi Das, seeking to quash the order passed by Khurda Child Welfare Committee (CWC), had filed a criminal revision petition in the court earlier this month. The CWC had restrained the five-year-old boy from being engaged in the proposed walkathon from Bhubaneswar to Kolkata.

Budhia’s coach challenged the CWC order saying it was arbitrary and unreasonable in nature and against the basic tenets of the Juvenile Justice (care and protection) Act, 2000.

According to the petition, Budhia is not a child in need of care and protection under section 2 (1)(d) of the Act, argued the petitioner advocate Bibhu Prasad Tripathy. “Budhia has the right to walk freely. Therefore, his right of freedom of movement has unnecessarily been trampled by the CWC. Besides, his right to development has been curtailed by way of imposing the ban,” the petition contended.

Budhia’s counsel further contended that the ban is “unsustainable in the eyes of law” as the boy was never produced before the CWC by any person. Moreover, the order of the CWC was signed by only one person, which indicated that there was lack of quorum when the order was passed.

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