Early Times Report
SRINAGAR, May 4: High Court today directed the government to recast SRO 117 on appointment of principal magistrates for juvenile justice boards and also asked Chief Secretary to take a review and oversee the implementation of the Jammu & Kashmir Juvenile Justice (Care and Protection of Children) Act 2013 along with the ICPS Scheme in tune with the directions passed by the Court from time to time.
SRO 117 of 2018 gives location of the eight Juvenile Justice Boards for which posts of Principal Magistrates have been sanctioned and the of their respective jurisdiction. In terms of the SRO, the eight Juvenile Justice Boards have to exercise jurisdiction over the entire State to the extent shown in the SRO. The Juvenile Justice Board at Srinagar is to have jurisdiction over Srinagar, Budgam and Ganderbal districts while that of Anantnag is to the extent of Anantnag, Kulgam, Shopian and Pulwama districts, so on and so forth.
"The SRO No. 117 of 2018, therefore, divests the Chief Judicial Magistrates of 14 districts, i.e. other than the districts for which the Principal Magistrates have been appointed, of the powers and functions of the Juvenile Justice Board, otherwise exercised by them under sub-section (6) of Section 4," a division bench of Justice Mohammad Yaqoob Mir and Justice Ali Mohammad Magrey said.
"We make it clear while the Juvenile Justice Boards presided over by the designated Principal Magistrates and comprising of the members already appointed may function at the districts identified in the SRO, i.e. Srinagar, Baramulla, Anantnag, Leh, Kargil, Doda, Jammu and Poonch, with the territorial jurisdiction restricted to their respective districts, the Chief Judicial Magistrates in rest of the districts, i.e. Kupwara, Bandipora, Ganderbal, Budgam, Pulwama, Shopian, Kulgam, Ramban, Kishtwar, Udhampur, Reasi, Rajouri, Kathua and Samba, shall preside over as Principal Magistrates over the Juvenile Justice Boards in these districts till the posts of Principal Magistrates are sanctioned," the court said.
Let SRO 117 of 2018 be recast in terms of this order so that the Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Act, 2013 and the Rules of 2014, to the extent these relate to juvenile in conflict with law, are implemented in letter and spirit, the judges observed. The court requested the Chief Secretary to take a review and oversee the implementation of the Act, along with the ICPS scheme in tune with the directions passed by it from time to time.
The court also appreciated the selection-cum-oversight committee in implementing the Act and the rules on ground and noted that the Committee not only completed the selection process for Juvenile Justice Boards and Child Welfare Committees in record time, but also strived to make the institutions under the Act functional. |
