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| DB asks CS asked to appear if compliance is not filed by March | | Juvenile Justices Boards case | | Early Times Report
Srinagar, Feb 23: A Division Bench of the J&K High Court comprising Justice M H Attar and B S Walia, has directed Chief Secretary to appear personally before it if social welfare department failed to file compliance report regarding the constitution of Juvenile Justices Boards in the state by third week of March.
As the hearing of a Public Interest Litigation (PIL) started before the Division Bench of the court comprising Justice M H Attar and B S Walia, the AAG NH Shah prayed the court to adjourn the case.
Accepting the prayer, the division bench ordered to list the PIL for consideration in 3rd week of March.
"If the compliance report is not filed then Chief Secretary to appear in person before the court on next date of hearing," the Division Bench added.
In the last compliance report which was rejected the court, the commissioner secretary of the SWD had stated the nomination of Judicial Magistrate of First Class is not within his competence and accordingly vide a letter (No SW/lit/27/2015) dated 14-12-2015, the law department was requested to approach high court for the appointment of judicial Magistrate as Principal Magistrate for discharging duties of Chairman of Juvenile Justice Board as envisaged in the Act.
Commissioner Secretary had also submitted that the effectuation of the Juvenile Justice Acts and Rules is linked with the Integrated Child Protection Scheme (ICPS). "The scheme has already been formulated and draft scheme sent to General Administration for their advice with to certain features of scheme relating to Staff and manpower," the officer said.
Pertinently the bench was hearing a PIL filed by one Tanvi Ahuja, a resident of Haryana, alleging that thousands of juveniles had been arrested over the years under the Jammu & Kashmir Public Safety Act, 1978, (PSA) and the Ranbir Penal Code (equivalent to the IPC) instead of being tried under the State Juvenile Justice Act, 2013. "These juveniles have been treated as adults, beaten, and put in jails, contrary to the numerous decisions of the Supreme Court holding that no juvenile should ever be put in a jail...(and)...ought to be held in juvenile-friendly institutions," the petitioner has submitted.
The petitioner also had cited an RTI reply of March 2014 from the state home department which revealed that 707 FIRs had been filed against juveniles since 1988.
Ahuja's petition said that besides the PSA, the juveniles were booked under various other provisions - which include serious charges like rioting and attempt to murder and sent to jail without proper trial.
She has sought direction to the government to implement the provisions of Jammu & Kashmir Juvenile Justice (Care & Protection) Act 2013 to submit details of the cases pending in all the courts against the juvenile offenders including the details of the juveniles lodged in different jails of the state and give rehabilitation package to the juvenile whose cases have not been decided within the stipulated period as per the Act. |
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