Excelsior Correspondent
SRINAGAR, Aug 11: The High Court today directed the Law Department to process for creating 22 posts of Judicial Magistrates for Justice Juvenile Boards on priority basis.
The Division Bench of High Court passed the directions in Public Interest Litigation seeking implementation of the Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Act enacted in 2013 and rules there under in letter and spirit. The bench of Chief Justice Badar Durez Ahmad and Justice Ali Mohammad Magrey directed the Law department to create these posts on priority basis so that Juvenile Justice Boards in the districts are made functional.
Commissioner/Secretary SWD, who was present in the Court, informed it that the department has issued advertisement notice in this regard but due to poor response, fresh notice have again been issued to fill up these 22 posts.
Court said that it is clearly indicated in the Act that it is for State Government to fulfill this requirement and set up the JJBs across the State. Court said in order to ensure that posts of 22 Judicial Magistrates 1st Class be created. This is the requirement under rules, consequently Law Department is directed to process for creating these posts on priority basis.
Court observed that the affidavit filed is inadequate as such sought better affidavit from the authorities. Court has also made it clear that any juvenile conflicting with law be not kept in lockup or jail as, court said, the Act provides it.
Court directed the Secretary State Legal Services Authority to find out whether all basic facilities as also legal aid are being provided to juveniles in districts. Court further said that if any juvenile is found in jail he shall be shifted to juvenile home immediately.
It is mentioned here that court had directed the authorities for submitting report with regard to creation of 22 Judicial Magistrates by the Law Department as also the constitution of Selection-Cum-Oversight Committee Juvenile Justice Boards.
In this regard Social Welfare Department in terms of SRO-75 of 2017 has to amend the act in the first instance and the same is to be made by the Government.
It is after a lapse of almost two and a half years and repeated directions by the Court, Government has constituted the selection-cum-oversight committee (JJB) for Juveniles in the State which is yet to be made functional.
Before filing of the PIL, the petitioner had 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.
She has also sought 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.
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