Establishment of JJBs
Excelsior Correspondent
Srinagar, Aug 2: The High Court today sought explanation from Commissioner / Secretary to Social Welfare Department for not appearing before the Court and took serious note of response of Law Department on establishment of Juvenile Justice Boards (JJBs) .
The division bench of Chief Justice Badar Durrez Ahmad and Justice Ali Mohammad Magrey observed that how can he (Commissioner / Secretary) avoid the court directions as he was supposed to be here and sought explanation from him on this within two days. Court directed the official to be present on next date and asked him to file his response which is still awaited.
Court has also taken serious note on the response of Secretary Law with regard to establishment of JJBs. The response has been produced before the Court and was returned to the Counsel with the observation that it is inadequate and lacks knowledge. “Law department should understand the purport and spirit of the JJ Act”, CJ and Justice Magrey observed.
Court further observed to counsels representing departments: “Don’t function like a post office. You are receiving the reports and submitting it to the Court without proper examination.”
Before these observation could have been recorded in the order, the State counsel after great persuasion and request that not to record these observation in the order, Court directed the Secretary Law to file its fresh and latest response by or before August 11.
Hearing Public Interest Litigation seeking therein 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 Division Bench directed the authorities of Social Welfare Department and Secretary Law for response with regard to constitution of Juvenile Justice Boards in each district of the State in terms of the Section 4 and rule 9 of the JJ Act.
Court on last date of hearing after perusal of report filed by Social Welfare Department (SWD) had said it was not in tune with court directions as it was inadequate and didn’t answer to any questions of the court.
Court had directed the authorities for submitting of 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 instant PIL, petitioner 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.
Commissioner / Secretary SWD was also required to be present in other case and due to his non presence before the court, he has been again directed to explain his position in this regard.
The same Division Bench while hearing Public Interest on shelter/orphanages sought explanation from the officials for defying the court orders.
Commissioner / Secretary SWD was required to explain in the court about the deserted or abandoned children in the Valley. He was directed to personally remain present in the court on next date to provide full information in tabulated form about these issues but he did not choose to appear.
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