Excelsior Correspondent
JAMMU, Feb 8: In a Public Interest Litigation (PIL) filed by Farooq Khan, retired IG turned politician seeking quashing of the provision of Juvenile Justice Act, recently amended to change age of juvenility, Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Bansi Lal Bhat granted four week’s time to State counsel to get instruction because of the change in position due to new amendment of central legislation namely the Juvenile Justice Care & Protection of Children) Act, 2015.
In the petition, Farooq Khan has sought declaration of provisions of Section 2(m), 2(n), Section 21 the Jammu and Kashmir Juvenile Justice (Care & Protection of Children) Act, 2013 as ultra-vires and violative of Article 14 and 21 of the Constitution of India.
He has also sought directions to the State to confine the age of juvenility to 16 years as was the case before passing of the amended legislation and to effectively consider creating of classes/categories of cases where the benefit of juvenility is to be given under the provisions of the J&K Juvenile Justice (Care & Protection of Children) Act, 2013 to the persons who are above 14 and less than 16 years of age.
Senior Advocate Sunil Sethi appeared for the PIL whereas AAG Seema Shekhar for the State.
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