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Bal Sakha vs State of Jharkhand and Others

Jharkhand High Court · Decided on 9 November 2006 · Citation: (2007) 3 JCR 111

HON’BLE JUDGES
Permod Kohli, J
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Judgment

8 paragraphs · 372 words

Permod Kohli, J.—Status report has been filed. On perusal of the status report, it is very unfortunate to see that number of inmates presently staying in the Homes is 78 and 241 in Ranchi and Deoghar respectively even though the accommodation capacity of the Homes is 50 each.

2.

In our view, the respondents must make immediate arrangement to see that all the persons are accommodated in a proper place. Before that, it is noticed that only seven Boards have been constituted to deal with juvenile cases in seven Boards (in seven districts) and Boards have not been constituted for all the districts of the State.

3.

In that view of the matter, it would be appropriate to direct the Government to issue notification as per Section 4 of the Act conferring powers to the existing Boards to be exercised by them for a group of districts all over the State of Jharkhand. The Government may consider this as urgent one and issue notification within two weeks from today to enable the Boards to dispose of the juvenile cases as expeditious as possible.

4.

The respondents are directed to dispose of the cases involving juveniles committing petty offences, i.e., punishable less than 7 years, immediately.

5.

The Government is being directed to give particulars with regard to the number of inmates in each and every Home all over the State of Jharkhand, the period for which they have been detained and the offence particulars to enable this Court to pass further directions in the light of the observations made by the Supreme Court in the case of Sheela Barse (II) and Others Vs. Union of India (UOI) and Others, . This report will be filed within two weeks.

6.

In the meantime, this Court is inclined to visit the Observation & Juvenile Homes situated in various places. We will visit Observation Home and Juvenile Home, Ranchi, on 10.11.2006 at about 4.30 p.m. The Secretary, Welfare Department, the Secretary, Women & Children Development Department, the Secretary, Home Department, Presiding Officer of the Boards and other Officials concerned shall be present there at 5.00 p.m.

Post this matter on 27.11.2006.

Let a copy of the order be given to the counsel for the parties.