‘Remain available on Sundays, Public Holidays to hear Remands of Juveniles,’ Says Chief Metropolitan Magistrate

The Chief Metropolitan Magistrate (CMM) of Mumbai recently instructed members of the Juvenile Justice Board (JJB) to remain available on Sundays & public holidays to hear remands of juveniles in conflict with the law. This is to ensure that juveniles detained for committing crimes aren't produced in regular courts owing to the unavailability of Juvenile Justice Board (JJB) members.

The letter sent by the Chief Metropolitan Magistrate (CMM) to all Additional Chief Metropolitan Magistrates, Metropolitan Magistrates, the Mumbai Police & the Govt Railway Police noted that juveniles are produced before holiday remand courts presided over by regular magistrates instead of before the Juvenile Justice Board (JJB) at Umerkhadi in Dongri. Only one courtroom each at Esplanade, Dadar, Bandra & Borivali court centres is functional on holidays to hear remand of fresh arrests.

As per guidelines issued by the Bombay HC, the production of juveniles before regular magistrates contravenes provisions of the Juvenile Justice (Care & Protection of Children) Act, 2000, the letter stated. According to the Act, juveniles in conflict with the law must be produced before board members even on days when the board isn't sitting. Juveniles are also required to be escorted to designated children’s courts by police officials in plainclothes, without handcuffs & ensuring that they don't come into contact with adults who have committed crimes.

“Therefore on holidays or whenever the Juvenile Justice Board isn't sitting, the juvenile in conflict with law has to be produced before the Principal Magistrate/ Member of Juvenile Justice Board for remand or other purpose,” added the letter.

The Chief Metropolitan Magistrate (CMM) also instructed the police to henceforth not produce apprehended juveniles before regular magistrates on Sundays & public holidays. The four Principal Magistrates of the Juvenile Justice Board (JJB) for Mumbai City & Mumbai Suburban districts, & their class 3 & class 4 staff members have also bean instructed to make themselves available on alternate Sundays at the children’s court in Umerkhadi.

A senior Mumbai Police official, however, claimed that juveniles apprehended in crimes on holidays are never produced in regular court where they may come into contact with adult criminals. “There is always an arrangement in place at the Juvenile Justice Board (JJB) on Sundays & public holidays so that it remains open between 11 am & 2 pm to hear cases of remand,” added the official.

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