Excelsior Correspondent
SRINAGAR, Apr 15: The State High Court sought personal appearance of Commissioner/ Secretary to Government, Social Welfare Department (SWD) with regard to formation of Juvenile Justice Boards (JJBs) in the State.
Court had sought personal appearance of Commissioner/ Secretary SWD as direction to constitute Juvenile Justice Boards (JJBs) was not implemented but SWD counsel submitted before the court that the Commissioner/ Secretary has been transferred from the post.
“The person who has been transferred and posted as Commissioner/ Secretary to Government Social Welfare Department to appear in person before the court on next date”, Justice MH Attar and Justice J R Kotwal directed.
Earlier, Court had rejected the compliance report of Commissioner Secretary SWD with the observation that it is ‘not in tune with court directions’ and had sought fresh report from the Government with a rider that in case compliance report with regard to constitution of JJ Boards is not filed then CS of the State to remain present before the court.
Compliance report does not anywhere indicate that the Boards have been constituted as court had directed, which constrained the court to direct the Commissioner/ Secretary to remain present before it on next date.
In may be mentioned here that Commissioner/ Secretary (SWD) in his report only submitted that under rules of the JJ Act the Board consists of three members one from judicial stream which is to be appointed by the High Court and is designated as Principal Magistrate and other two members are social workers with one member to a woman and these two to be appointed by the Government on the recommendations of selection-cum-oversight committee.
There is nowhere mentioned about the constitution of JJ Boards except the details and strength of the board given by the Commissioner/ Secretary in his compliance report. “Law Department has been requested to provide a Judicial Magistrate to act as Principal Magistrate for the JJBs at District Level. Law Department had already taken up the matter with Registrar Judicial”, reads the compliance of the Commissioner/ Secretary.
Court with the direction for constitution of Juvenile Board had also directed that other provisions of the Act are also be complied with and had sought compliance in this regard from the authorities.
Meantime, court has been apprised about the two unwanted infants presently lodged in Valley’s lone children hospital in Srinagar. Sr AAG submitted before the Division Bench that the authorities of G B Panth Hospital have complied with the earlier court direction and these two infants are being looked after properly.
Court is dealing with a PIL filed by one Tanvi Ahuja, who besides other directions, is seeking implementation of The Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Act enacted in 2013 and rules thereunder. Ahuja 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.
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