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Setting up of Juvenile Justice Boards in J&K
HC directs personal appearance of SWD secy
4/14/2016 11:22:55 PM
Early Times Report
Srinagar, Apr 14: A high court division bench of Justice M H Attar and Justice J R Kotwal has directed social welfare department (SWD) secretary to appear in person as regards the constitution of Juvenile Justice Boards (JJBs) in the state.
Hearing a PIL, the bench passed this direction after hearing the AAG who submitted that the SWD secretary had telephonically informed him that he had been transferred.
"The person transferred and posted to appear in person on next date," the court said.
Last month, the secretary had informed in his report that the matter regarding Judicial Magistrate to act as Principal Magistrate for JJBs at District Level was taken up by Law Department with Registrar General of the high court.
The Registrar in turn had informed that Judicial Magistrates are being imparted necessary training by the state judicial academy.
A JJB comprises a first class judicial magistrate to be appointed by the high court and be designated as principal magistrate and two social workers, including a woman, as members who would be appointed by the government on the recommendation of the committee constituted under rules 79 and 80 of these rules.
It has been alleged in the PIL that thousands of juveniles had been arrested over the years under the J&K Public Safety Act, 1978, and Ranbir Penal Code instead of being tried under the State Juvenile Justice Act, 2013. "These juveniles have been treated as adults, beaten, and put in jails, contrary to the numerous decisions of the Supreme Court holding that no juvenile should ever be put in a jail and ought to be held in juvenile-friendly institutions," the petitioner said.
The petitioner cited an RTI reply of March 2014 from the state home department which revealed that 707 FIRs had been filed against juveniles since 1988.
Meanwhile, the senior additional advocate general submitted that authorities of GB Pant hospital here had complied with court and the infants, who were abandoned there, were being looked after properly.
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