Budhia Singh with coach Biranchi Das

Cuttack, Jan. 25: Orissa High Court today cleared the decks for the Khurda district child welfare committee (CWC) to go ahead with proceedings against Budhia Singh’s coach Biranchi Das for alleged “cruelty to a child, abuse for unconscionable gain and protection of human rights of the child”.

The two-judge bench of Chief Justice S.B. Roy and Justice M.M. Das made it clear that the court would not express any opinion on the “merits or propriety” of the proceedings initiated by the committee against the coach under the Juvenile Justice (Care & Protection) Act, 2000.

The court rejected Das’s petition challenging the authority of the CWC to issue summons related to adoption and alleged exploitation of Budhia “in view of the existence of efficacious alternative remedy”. The act provides for an appeal before the sessions judge court.

The bench, however, directed the CWC not to execute the arrest warrant issued against Das for a month.

“Within such period the CWC shall fix a date for appearance of Biranchi Das and Budhia Singh and if they fail to appear, the committee may take action as per law,” the court said in its order.

“We will decide on our course of action for remedy only after receiving the full text of the high court judgment,” Ashok Kumar Mohapatra, counsel for Budhia and his coach, told The Telegraph. “We may move the Supreme Court,” he added.

The CWC had issued summons to Das while inquiring into allegations that he “had been frequently engaging the boy in long distance marathon runs” across the state.

Budhia’s coach also faces charges of “usurping earnings coming in the child’s favour and exploiting him for monetary gain and fame”.

On May 4 last year, the court had granted interim restriction on punishment to Das after he filed a petition challenging the authority of the CWC.

The state government had contended that the committee had the authority to issue summons and function as a bench of magistrate under Section 29(5) of the juvenile justice act while Section 91 of CrPc gave it the power to function as a judge.

The process of Budhia’s adoption was not guided by instructions issued by the Central Adoption Resource Agency, the nodal body of social justice and empowerment that deals with issues pertaining to adoption.

The government sought a ban on Budhia’s marathon runs on medical grounds.

The CWC had recommended the ban on the basis of the report of a medical board, which conducted a thorough check-up of the child runner.

The high court had reserved judgment on June 22 last year.