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2008 DIGILAW 2328 (ALL)

Sri Nivas v. State of U. P.

2008-11-24

SHRI NARAYAN SHUKLA

body2008
JUDGMENT: Shri Narayan Shukla, J. Heard Mr. Sanjay Tripathi, learned Advocate holding brief of Mr. Rajesh Kumar Pandey, learned counsel for the petitioner as well as Mr. Rajendra Kumar Dwivedi, learned Additional Government Advocate. The petitioner has prayed for issuing a direction to the Juvenile Court, Lucknow to decide the juvenile case No. 291 of 2005-State vs.Sri Niwas pending before it since 2005 expeditiously. 2. Learned counsel for the petitioner informs that charges were framed on 19.12.2006 and thereafter number of dates were fixed for evidence to be adduced by the prosecutor but till date the prosecutor has not produced the witness for evidence whereas trial of other co-accused who are major has already been completed by the Regular Courts i.e. Sessions Judge, court No. 3, Rae bareli and they have been acquitted from charges by means of an order dated 29.3.2008. 3. The Juvenile Justice Act, 1986 has been enacted to provide for the care, protection, treatment, development and rehabilitation of neglected or delinquent juveniles and for the adjudication of certain matters relating to, and disposition of, delinquent juveniles. Behind the enactment of the Act, statement of objects and reasons have been given as under :- "A review of the working of the existing Children Acts would indicate that much greater attention is required to be given to children who may be found in situation of social maladjustment, delinquency or neglect. The justice system as available for adults is not considered suitable for being applied to juveniles. It is also necessary that a uniform juvenile justice system should be available throughout the country which should make adequate provision for dealing with all aspects in the changing social, cultural and economic situation in the country. There is also need for larger involvement of informal systems and community based welfare agencies in the care, protection, treatment, development and rehabilitation of such juveniles. 4. In this context, the aforesaid Act has been enacted to achieve following objectives:- "(i) to lay down a uniform legal framework for juvenile justice in the country so as to ensure that no child under any circumstances is lodged in jail or police lock up. 4. In this context, the aforesaid Act has been enacted to achieve following objectives:- "(i) to lay down a uniform legal framework for juvenile justice in the country so as to ensure that no child under any circumstances is lodged in jail or police lock up. This is being ensured by establishing Juvenile Welfare Boards and Juvenile Courts; (ii) to provide for a specialised approach towards the prevention and treatment of juvenile delinquency in its full range in keeping with the developmental needs of the child found in any situation of social maladjustment; (iii) to spell out the machinery and infrastructure required for the care, protection, treatment, development and rehabilitation of various categories of children coming within the purview of the juvenile justice system. This is proposed to be achieved by establishing observation homes, juvenile homes for neglected juveniles and special homes for delinquent juveniles; (iv) to establish norms and standards for the administration of juvenile justice in terms of investigation and prosecution, adjudication and disposition, and care, treatment and rehabilitation ; (v) to develop appropriate linkages and co-ordination between the formal system of juvenile justice and voluntary agencies engaged in the welfare of neglected or socially maladjusted children and to specifically define the areas of their responsibilities and roles; (vi) to constitute special offences in relation to juvenile and provide for punishments therefor; (vii) to bring the operation of the juvenile justice system in the country in conformity with the United Nations Standard Minimum Rule for the Administration of Juvenile Justice." 5. I am informed that the Juvenile Courts constituted under the Act have failed to achieve the aims and objects of its constitution. The present case is the best instance of it. 6. I am also informed that the Division Bench of this Court had already issued likewiase direction to the Government concerned through Writ Petition No. 436(H) of 2005-Amit Pal v. union of India a others but till date no action has been taken by the Government. The present case is the best instance of it. 6. I am also informed that the Division Bench of this Court had already issued likewiase direction to the Government concerned through Writ Petition No. 436(H) of 2005-Amit Pal v. union of India a others but till date no action has been taken by the Government. Direction issued by this Court is reproduced heareinunder: “ In that view of the matter, we issues a writ of mandamus to the respondents constitute Juvenile Justice Board as contemplated under section 4 of the Act 2000, and ensure to establish and make them functional in every district of a group of districts (as may be warranted), as required under the Act, provide adequate suitable infrastructure with a suitable/proper-independent accommodation, requisite furniture, stationery appointment of suitable staff and ensure payment of adequate remuneration, transport, communication facilities to make the said Act meaningful and frame rules (as contemplated under section 68 of the Act) in of order to effectuate the functioning of the Act within tow months of receipt of the judgment. Learned AGA shall ensure that copy of this judgment is furnished to the Chief Secretary, Government of U.P Principal Secretary, Home, Government of U.P and legal remembrance/Secretary of Law, Government of U.P within tow week from today,” 7. The juvenile courts have been constituted at divisional level in which at least four or five districts are attached and all the juvenile accused of different district are tried by one court centralised at divisional level. Keeping in view the pendency of cases relating to juvenile offences, I feel that the court has become ineffective to provide speedy justice to the juveniles as was its main objective. 8. Therefore, I feel it appropriate to suggest the appropriate Government to look into this aspects. I am of the view that constitution of juvenile courts requires fresh consideration and accordingly, I hereby suggest the appropriate government to look into the matter afresh and constitute juvenile courts in each and every district or the judicial officer posted at district level being court of competent jurisdiction be authorised for trial of juvenile offences so that the aims and objects behind the constitution of these courts be achieved. 9. Let a copy of this order be sent through the Register of this Court to State Government as well as Central Government for necessary action. 9. Let a copy of this order be sent through the Register of this Court to State Government as well as Central Government for necessary action. So far as present case is concerned, keeping in view the fact that the trial of other co-accused who are major has already been completed, I hereby provide that the juvenile court shall take up the matter on board on priority basis and shall conclude the trial expeditiously. With the aforesaid observation/direction, the petition is allowed.