Excelsior Correspondent
SRINAGAR, Aug 11: The High Court today castigated the Commissioner/Secretary to Government Social Welfare Department (SWD) for his non-appearance before the Court and directed him to file fresh affidavit regarding action plan of the department to overcome the deficiencies in Orphanages of the State.
As the Commissioner/ Secretary to Government Social Welfare Department (SWD) appeared before the Court, he was taken to task for not appearing on last date in the case as he was directed.
The officer submitted that he was required by some committee and Court pointed out to him that he should have informed the Advocate General for non-appearance. “You should have also informed the committee as you are required to be present in the court as such postpone the meeting”, Court observed to him. “When court deals with a PIL then your all officers should have been here”, Justice Magrey observed to the Commissioner.
Advocate B A Bashir, amicus to the PIL, submitted before the Court that let him file an unconditional apology He further added even if he (Commissioner) was required by Chief Minister, he is supposed to tell the CM also that his personal appearance is required in the court as court has first privilege.
Division Bench of Chief Justice Badar Durrez Ahmad and Justice Ali Mohammad Magrey directed the Commissioner/Secretary to file his affidavit by next date indicating there-in the action of plan to meet the deficiencies in Orphanage homes across the State.
Court has also sought status report with regard to registration of private orphanages run by NGOs also. Court directed information about progress of child welfare committees in the State.
Court after perusal of the report of SWD said it didn’t address the issues provided in the Act. “In particular affidavit do not reveal number of homes as also staff strength”, court said adding with “First of all provide us specifications provided under the Act are fulfilled”.
Court observed to Commissioner/Secretary that “if you don’t make deficiencies then court will issue ‘mandamus’ to you then you cannot divert from these directions”. “It is your duty to get the Act implemented on ground level. We will give you time as things did not happen in a night but you take serious steps as is required under rules as Law is there”, court observed.
Court referred the rule 65 of the JJ Act and said everything is reflected in the Act and asked the Commissioner/Secretary “why don’t you fulfill all requirements as law is there”?
Advocate Bashir submitted to the bench unless there is road map with the Government, the Act (JJ Act) will never be implemented as 98 percent deficiencies are in these homes on account of manpower and infrastructure.
Advocate Bashir also submitted as minimum requirement of manpower in each orphanage is 18 but on ground level there would be hardly 2 to 3 persons to meet all the exigencies. Counsel representing SWD admitted that deficiencies are in place but full efforts are being made to fulfill these deficiencies.
Counsel also informed the court that in Jammu Division interviews for some posts have been conducted recently. Court also enquired from the Commissioner/Secretary as to how many home (Juvenile Homes) are in the State. “There are about 39 Juvenile Homes”, the Commissioner replied.
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