HC directs for sanctioning of 8 posts of Magistrates for JJBs

Fayaz Bukhari
Srinagar, Jan 31: The High Court today directed the Government to expedite the process of formal sanction for creation of 8 posts of Magistrates for making 8 Juvenile Justice Boards (JJBs) operational in the first instance.
Government has already created 8 Juvenile Justice Boards out of which 3 each for Kashmir and Jammu division and one each for Ladakh and Leh divisions.
The Division Bench of Chief Justice Badar Durrez Ahmad and Justice Ali Mohammad Magrey in this view observed that only hurdle is making operational these 8 JJBs for which Magistrates are required and directed the Government to expedite the process of formal sanction for creation of 8 post of Magistrates for these JJBs.
“This process should be expedited and immediate action as required for everything has been put in place for making 8 JJBs operational. We therefore direct the government to ensure that formal sanction order is issued not later than 10 days from today”, the DB directed.
Court for ensuring to carry the direction immediately directed the Registry to place the order before Chief Secretary of the State.
With regard to setting up of Child Welfare Committees (CWCs) in all 22 districts, State counsel informed the Court that selection process has been completed by selection committee. However, recommendations are yet to be made. “We request the chairman-cum-oversight committee to expedite the issuance of recommendation process”, DB said.
Counsel representing State Legal Services Authority and High Court Juvenile Justice Committee brought to the notice of the Court a communication (dated 26-12-2017) on the subject of the implementation of the JJ act and rules with particular reference to JJBs. The said communication has been issued by the Under Secretary to Government, Social Welfare Department.
The said communication pointed out with reference to the Government order (no. 367 dated 21-12-2017) that the buildings for establishment of Juvenile Justices Boards stand identified and are being hired on rent basis till such time their own structure is created by the department under ICDS.
The communication further recorded that the staff for district child protection units have been recruited and put in place. The communication also recorded that selection of the members of JJBs was under process and was likely to be completed by Selection Committee constituted for the purpose.
Social Welfare Department brought to the notice of the Court member of the JJBs that as recommended, selection has been competed for all 22 districts. In total 44 members, 2 for each district, have been appointed.  This also includes the 8 districts which are to be taken up in first phase.
Court has appreciated the work of Selection cum Oversee Committee and observed that since it is not only for selection but also for the purpose of oversee. “We directed the Government to strengthen the said committee so that the functioning of JJBs and CWCs are properly supervised”, DB directed.
Court has also sought an affidavit from the Social Welfare Department indicating therein the plan of action for care of unclaimed and abandoned children. Court has also sought status report by next date from the concerned with regard to registration of children homes for the entire State.

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