Excelsior Correspondent
Srinagar, Feb 3: The State High Court today directed the Government to file the fresh compliance report on constitution of Juvenile Justice Board (JJB) in the State.
Court after going through the compliance report filed by Commissioner Secretary Social Welfare Department said that it is not in tune with court directions and observed that ‘J&K is the only State which is yet to constitute Juvenile Board’.
The Division bench of Justice MH Attar and Justice Ali Mohammad Magrey today directed: “The same does not satisfy the directions issued by the court on last date of hearing. At request of Mr. Rathore, AAG, three weeks time is granted for filing fresh compliance report. List in the week commencing from February 22.”
Court with the direction for constitution of Juvenile Board had also directed that other provision of the Act be complied with and had sought compliance in this regard.
The Commissioner /Secretary in its compliance report, which was turned down by the court, stated that as per Section 3(A) of the Act, the nomination of Judicial Magistrate, which is the principal member besides other two members of board, is not within his competence and in this view Law Department has been requested to approach the High Court for this purpose.
With regard to complying with other provisions of the Act, the Commissioner/ Secretary stated that the scheme has already been formulated and draft scheme sent to GAD for seeking their advice with regard to certain features of scheme relating to the staff and man power.
With these submissions by the Commissioner/ Secretary in its compliance report which the court rejected does not indicate anywhere that court directions have been implemented in letter and spirit.
Court in its earlier direction had clearly directed the Government to comply with the provisions of the Juvenile Act and provide support to the Juveniles under this Act, who are lodged in Juvenile homes as also to comply with other provisions of the said Act.
Court was dealing with a PIL filed by one Tanvi Ahuja who besides other directions is seeking implementation of The Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Act enacted in 2013 and rules there under. She had approached the Supreme Court earlier for seeking directions upon the State Government but the Supreme Court asked her to approach the State High Court in this regard.
Petitioner Ahuja is seeking direction upon the respondents for implementation of the Provisions of Juvenile Act in the State in letter and spirit and establishing of Juvenile board and Juvenile court for protection and welfare of the Juveniles.
The petitioner prayed for submitting of details of cases pending in all courts against Juvenile offenders as also the details of Juveniles who are lodged in different jails of the State. She also submitted that all the Juveniles who are below 18 years of age be released forthwith from the prisons and police lockups and they be awarded compensation.
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