Excelsior Correspondent
JAMMU, Apr 7: Chief Judicial Magistrate Ramban, Yahaya Firdous today expressed displeasure over delay on the part of police in producing juveniles before the court in two different FIRs and directed SSP Ramban to personally monitor all the cases of juveniles and seek periodical reports from the concerned agencies so that trial is conducted strictly as per the provisions of Juvenile Justice Act.
When two charge-sheets presented in FIR No.84/2014 for the offences under Section 363, 376 and 34 RPC and FIR No.14/2016 for the offences under Section 302, 120-B, 201 and 34 RPC came up for hearing, Advocates Z A Lone, S S Parihar and T H Malik appearing for the juveniles drew the attention of the court towards the order dated 16.03.2017 and submitted that even today prosecution failed to produce the juveniles.
After hearing counsels for the juveniles, the CJM observed, “it is settled position of law that the juveniles are not to be treated like the other under trials and the juveniles also have right of speeded trial like the other under trials”, adding “it is equally true that the trial of the juveniles is to be conducted under the provisions of Juvenile Justice Act thus all the stakeholders have to shoulder the responsibility in delivering the justice to the juveniles”.
“The shifting of onus like road blockade, bad weather etc will not exonerate the stakeholders from liability and it has been impressed by court time and again that SSP Ramban shall personally supervise, monitor and seek periodical reports from the prosecution in all those cases which are pending against the juveniles and ensure that no delay is caused either in producing the witnesses or juveniles so that majority of the law is upheld”, the CJM said, adding “but this court has to cut sorry figure by repeating the orders with no positive response or fruitful results”.
Reiterating earlier directions, the court said, “the non-compliance of order shall be viewed very seriously and the responsibility shall be fixed accordingly”, “the SSP Ramban is directed to ensure the presence of juveniles on next date of hearing”.
The court also directed that copy of the order shall be furnished to IGP Jammu and Director Prosecution Jammu for ensuring strict compliance.
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