SRINAGAR The Jammu and Kashmir High Court on Monday directed the government to ensure constitution of 14 Juvenile Justice Boards in the state.
Hearing a Public Interest Litigation, a Division Bench of Acting Chief Justice Alok Aradhe and Justice D S Thakur also directed the Government through Advocate General to ensure Principal Magistrates for 8 JJBs, constituted already, shall be notified by next date.
The Court also directed that constitution of Child Welfare Committees for all the 22 districts shall be notified under section 81 of the J&K Juvenile Justice (Care & Protection) Act of 2013 so that these CWCs shall work properly. Petitioner counsel also brought to the notice of the court that existing JJBs as also CWCs are facing a dearth of staff as such they do not function properly. Court observed to AG to apprise the court by next date about the submissions of counsel in this connection.
In this regard Secretary to Social Welfare Department submits that the department of LJ&PA created 8 posts of Principal Magistrates in orde to carry out the functioning of JJB.
Earlier this task was assigned to the CJMs of each district but Law department has notified the territorial jurisdiction of 8 JJBs vide SRO 117 and thereafter vide SRO 143 designated Judicial Officers to
act as Principal Magistrates of 8 JJBs, who have been posted against newly created posts within their respective jurisdictions. So far as creation of 14 posts of magistrates for remaining 14
districts the law department has been requested to create these 14 posts of Magistrates for the remaining districts where the powers of Principal Magistrates for the purpose of the JJ Act are performed by CJMs.
About the setting up of CWCs, it has been submitted by Secretary SWD that under rule 80 of the Act on the recommendations of Selection Cum Oversight Committee, the Government in the SWD constituted CWC in all the 22 districts in the state and these comprise of one Chairman and its four members and with regard to requisite infrastructure, personnel and finances for smooth running of these CWCS, court has been informed that the same is being provided as per the norms of the ICP Scheme which is a centrally sponsored scheme on through funding pattern of 90:10 Centre and State.
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