Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 4 Ors on 3 August, 2023
Page No.# 1/4
GAHC010234612019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : PIL/60/2019
BACHPAN BACHAO ANDOLAN
A CHARITABLE SOCIETY HAVING ITS OFFICE AT L-6, KALKAJI, NEW
DELHI 110019 AND REP. BY ITS GENERAL SECRETARY MR. R.S.
CHAURAUSIA
2: SAMPURNA BEHURA
D/O LT. GANGA DHAR BEHURA
R/O FLAT NO. 501
TECHNOLOGY APARTMENT
PATPARGANJ
DELH
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, SOCIAL WELFARE
DEPTT. BLOCK-D, 1ST. FLOOR, JANATA BHAWAN, DISPUR, GAUHATI-
781006
2:DIRECTORATE OF SOCIAL WELFARE
REP. BY THE DIRECTOR
KACHARI GHAT
MG ROAD
UZAN BAZAR
GAUHATI-781001
3:ASSAM STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS
REP. BY THE CHAIRPERSON
BYE LANE NO. 1
H.NO. 1
SAMMANOY PATH
SURVEY
BELTOLA-BASISTHA ROAD
GAUHATI-781028
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4:THE DIRECTOR GENERAL OF POLICE
OFFICE DR. BK KAKATI RD. ULUBARI
GAUHATI
ASSAM 781007
5:REGISTRAR
GAUHATI HIGH COURT
GAUHATI
ASSA
Advocate for the Petitioner : MR. P P SARMA
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
03.08.2023
(KR SURANA, J)
Heard Mr. N Chaudhury, learned for the petitioner in PIL No.60/2019. Also
heard Mr. D Nath, learned Senior Government Advocate appearing for the State
of Assam. None appears on call for the Union of India.
2. At the outset, the Court is inclined to direct the Registry through the
AOJ(Writ Appeal Section) to bifurcate the records of this PIL being PIL
No.60/2019 into three parts by first containing the order sheets, second
containing the main writ petition and third containing the affidavits exchanged
in the matter.
3. The learned counsel for the petitioner has submitted that although the
State Government has notified the Juvenile Justice (Assam) Rules 1989,
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consequent upon the judgment of this Supreme Court of India in the Case of
Sampurna Behura Vs. Union of India reported in (2018) 4 SCC 433, certain
amendments were required to the said Rules, the learned Senior Government
Advocate shall take note of the said submissions and to move the Government
for doing the needful if any amendments are required in terms of the judgment
of the Supreme Court of India.
4. Pursuant to the previous order of this Court dated 22.06.2023, the State
has filed two affidavits in the matter one is by the Director General of Police,
Assam and the other is by the Judicial Department. It appears from the
affidavits filed by the Judicial Department that the status report of vulnerable
witness deposition centre (VWDC for short) at different districts of Assam has
been provided. The learned Senior Government Advocate shall seek instructions
from the Chief Engineer PWD(Building) about the current status of the said
construction with a request to the said authority to expedite completion of those
VWDC where the work in progress is 70% and above as per the said status
report.
5. It has been pointed out by the learned Senior Government Advocate that
as per the status report appended to the affidavit of the Judicial Department, in
respect of the district of Karimganj, the estimate and plan of the VWDC in the
new Court building was submitted to the District and Sessions Judge for counter
signature.
6. The Registry through the Registrar (Administration) shall obtain
instructions from the District Judge, Karimganj as to whether the counter
signature to the estimate has been given by the said authority. The learned
Senior Government Advocate shall also obtain instructions regarding the
pending administrative approval in respect of certain VWDC's as mentioned in
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the status report.
7. The Registrar (Administration) shall also obtain the instructions in respect
of the VWDC located at the establishment of District and Sessions Judge,
Lakhimpur wherein it is stated that the work was allotted, but was not allowed
by the Court Manager. The reason for not allowing the construction to come up
shall be put up in the form of a note by the Registrar (Administration).
8. The learned Standing counsel for the High Court Mr. HK Das, as well as the
learned counsel for the petitioner shall go through the affidavits filed so far in
this PIL and they shall give their concrete suggestions in the form of a note for
the works which is required to be done so as to implement in letter and spirit of
the judgment of the Supreme Court of India in Sampurna Behura (supra).
As agreed to by both the sides, list the matter on 24.08.2023.
JUDGE JUDGE
Comparing Assistant
