Juvenile Justice System Act, 2018: SHC directs district and sessions judges to ensure implementation

KARACHI: The Sindh High Court (SHC) has directed the district and sessions judges to ensure implementation of Juvenile Justice System Act, 2018. They should also ensure that the Juvenile Justice System Committees constituted by the Sindh government shall perform their duties diligently and members to submit compliance report on a regular basis to them, a written order of the division bench, headed by Justice Muhammad Ali Mazhar, said here on Thursday.`

The court gave the verdict in a petition filed by the Imkaan Welfare Organization for the implementation of sections 9 and 10 of the Juvenile Justice System Act, 2018.

The counsel for the petitioner argued that unless the Juvenile Justice Committee was established under Section 10, proper implementation of disposal of juvenile cases through diversion would not be possible. The additional advocate-general (AAG) and the additional secretary, Home Department, Sindh, submitted a copy of notifications which showed that the Juvenile Justice Committees had been established and notifications issued in 26 districts out of 29 districts.

The additional secretary further submitted that in three districts, Korangi, Sujawal and Khairpur, the Juvenile Justice Committees were to be established, and they were waiting for the nominations through the district and sessions judges.

At this juncture, the counsel for the petitioner said that though the committees had been constituted yet they were not performing their duties diligently in accordance with sub-section (4) of Section 10 of the Juvenile Justice System Act, 2018.

The bench observed that there was no cavil to the proposition that once the law had been promulgated this should be implemented in its letter and spirit, and now the Sindh government had also established the Juvenile Justice Committee for each district separately except three districts.

Therefore, the court maintained it was the responsibility of every district and sessions judge in his district to ensure due compliance of the law and make some mechanism for their district so that the Juvenile Justice Committee meetings should be held regularly for the purpose of disposal of cases through diversion as provided under the law.

Copyright Business Recorder, 2020