Excelsior Correspondent
JAMMU, Feb 19: High Court of J&K and Ladakh has directed the courts in both the Union Territories not to disclose the full identity and address of the juveniles in their orders.
“It seems that the judgment of the Supreme Court has not been brought to the notice of the courts working in the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh, and, therefore, they are, with impunity, disclosing the full identity of the juvenile in their orders”, Justice Sanjeev Kumar said, adding “it is high time that the courts in both the UTs are made aware of the provisions of Section 74 of the Act of 2015 and the law laid down by the Supreme Court from time to time”.
HC asked the Registrar General to circulate this order to all the courts in the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh and directed the Registry also to ensure that the name and address of the children in conflict with law are not disclosed or mentioned in the cause lists or elsewhere in the record.
This significant judgment has been passed by Justice Sanjeev Kumar while dealing with revision petition under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 filed by a juvenile through his father Trilok Singh against an order dated 25.05.2023 passed by the court of Additional Sessions Judge, Samba whereby it has upheld the order dated 04.01.2023 passed by the Principal Juvenile Justice Board, Jakh, Samba on the bail plea of the juvenile.
The Juvenile Justice Board considered the rival contentions and having regard to the evidence collected during investigation came to the conclusion that the petitioner, who is admittedly a child in conflict with law, is involved in various cases and there is every likelihood of his repeating the offence, if released on bail. It was also observed by the Board that in case juvenile is released on bail, when other co-accused are in jail, it may expose the juvenile to moral, physical and psychological danger.
Justice Sanjeev Kumar while granting bail to juvenile, observed, “the petitioner is held entitled to be released on bail subject to furnishing of personal bond to the tune of Rs 50,000 with one surety of the like amount subject to conditions”.
Before parting with the order, Justice Sanjeev Kumar observed, “both the Principal Magistrate, Juvenile Justice Board and the Appellate Court—the court of Additional Sessions Judge, Samba, have failed to maintain secrecy as to the identity of the Juvenile. Probably they are not aware of the provisions of Section 74 of the Act of 2015 and the judgments handed down by the Supreme Court and various High Courts from time to time which clearly prohibit the disclosure of name, address and school or any other particulars which may lead to the identity of a child in conflict with law or a child in need of care and protection or a child victim or witness of a crime, involved in such matter, under any other law for the time being in force”.
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