from Rubiya Shaikh
Daijiworld Media Network - Panaji (GA)
Panaji, Sep 2: Justice N A Britto of Goa bench of the Bombay High Court has directed that notice to should be issued to the state government on a petition filed by Utt Goenkara spokesman Aires Rodrigues challenging the order of the Children's Court refusing to direct the police to investigate the role of Fiona Mackeown in the death of her minor daughter Scarlett Eden Keeling.
When the matter came up for hearing advocate Rodrigues told the Court that Fiona Mackeown was fully aware that her daughter Scarlett was a minor and that the law mandates that all children within the State be provided a safe environment wherein the parents are responsible to ensure that the child is not abused.
Rodrigues said that the conduct of Fiona Mackeown is in violation of Section 8 (1) (2) and Section 8 (12) of the Goa Children's Act 2003 and needed to be investigated in respect of her behaviour and her activities in the State.
Aires Rodrigues also stated in the court that the Children's Court being conferred with powers of a Session Court had magisterial powers to direct investigation into offences alleged under the Children’s Act.
It may be recalled that the President of the Children's Court, Desmond D'Costa on August 11 disallowed the complaint filed by Utt Goenkara spokesman Aires Rodrigues on the grounds that as per Section 20 of the Children's Act, cognizance of any offence under the Act could be taken only on a complaint filed by the child, her parents, guardians, close relatives, police or a competent authority.
Rodrigues in his complaint stated that Scarlett Eden Keeling had come to India with her mother Fiona Mackeown who left the minor girl in the company of 'Julio' with the intention that 'Julio' would take care of Scarlett by giving her food, shelter, money etc. while Fiona along with some male companion and her other children was away holidaying in Gokarna, a tourist spot in Karnataka.
Challenging the order of the Children's Court rejecting his complaint, Aires Rodrigues has submitted to the High Court that the Children's Court has totally misconstrued the nature and scope of his application, which merely sought orders for investigation into the offences committed by Fiona under the Children’s Act in relation to her child and was not a complaint under Section 20 of the Act.
Aires Rodrigues has appealed that the order of the Children's Court be set aside and that the authorities be directed to investigate into the offences under the Children's Act against Fiona Mackeown for having abandoned her minor child with a unrelated adult male and to file their report before the Children's Court accordingly.