Excelsior Correspondent
Srinagar, May 23: High Court today sought report from the Government for making amendment in SRO 117 of 2018 which gives the jurisdiction of Magistrates of functioning of Juvenile Justice Boards.
The Division Bench of Acting Chief Justice Aloke Aradhe and Justice M K Hanjura sought report with regard to making amendment to the SRO 117 so that other Magistrates of JJBs apart from 8 JJBs which were constituted shall function properly.
It may be mentioned here that SRO117 of 2018 gives location of the eight Juvenile Justice Boards for which posts of Principal Magistrates have been sanctioned and, in its last column, gives the area of their respective jurisdiction.
In terms of the SRO, the eight Juvenile Justice Boards have to exercise jurisdiction over the entire State to the extent shown in last column of the SRO.
The Juvenile Justice Board at Srinagar is to have jurisdiction over Srinagar, Budgam and Ganderbal districts. The jurisdiction of Juvenile Justice Board at Anantnag is to the extent of Anantnag, Kulgam,Shopian and Pulwama districts.
The SRO 117 of2018, court had observed, divests the Chief Judicial Magistrates of 14 districts, i.e. other than the districts for which the Principal Magistrates have been appointed, of the powers and functions of the Juvenile Justice Board, otherwise exercised by them under sub-section (6) of Section 4.
Consequently, juveniles in conflict with law from the districts shown in the last column of SRO 117 are to be brought before the Boardc mentioned in column 1 of the SRO. Court had said, this would be a difficult task for the SJPU and the Juvenile Welfare Officer and grossly inconvenient for the juvenile in conflict with law.
In this view DB had felt for necessary clarification of the order 6th of October, 2017 and consequent amendment of SRO 117. “We, accordingly, make it clear that, while the Juvenile Justice Boards presided over by the designated Principal Magistrates and comprising of the members already appointed may function at the districts identified in the SRO, i.e. Srinagar, Baramulla, Anantnag, Leh, Kargil, Doda, Jammu and Poonch, with the territorial jurisdiction restricted to their respective districts, the Chief Judicial Magistrates in rest of the districts, i.e. Kupwara, Bandipora, Ganderbal,Budgam, Pulwama, Shopian, Kulgam, Ramban, Kishtwar, Udhampur,Reasi, Rajouri, Kathua and Samba, shall preside over as Principal Magistrates over the Juvenile Justice Boards in these districts till the posts of Principal Magistrates are sanctioned”, Court had directed.
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