The Court On Its Own Motion vs The State Of Jharkhand
2024 Latest Caselaw 299 Jhar

Jharkhand High Court

The Court On Its Own Motion vs The State Of Jharkhand on 11 January, 2024

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      WP(PIL) No. 1052 of 2018

The Court on its Own Motion                                        ...... Petitioner
                          Versus
The State of Jharkhand                                         .... ... Respondent

CORAM: HON'BLE THE ACTING CHIEF JUSTICE
       HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
For the Petitioner     : Mr. Anup Kumar Agarwal, Advocate
For the State          : Mr. Mrinal Kanti Roy, GA-I
                         Mr. Chandan Tiwari, AC to GA-I
                             ---------

th Order No.45/Dated: 11 January 2024

On 9th February 2018 the Hon'ble Supreme Court passed an order in Writ Petition (Civil) No. 473 of 2005 titled "Sampurna Behura v. Union of India and Others" reported in (2018) 4 SCC 433 in terms of which this Court registered a suo motu petition vide WP(PIL) No. 1052 of 2018.

2. In paragraph no. 95.16, the Hon'ble Supreme Court made the following observations:

"16. Since the involvement of the State Governments and the Union Territories is critical to child rights and the effective implementation of the JJ Act, it would be appropriate if each High Court and the Juvenile Justice Committee of each High Court continues its proactive role in the welfare of children in their State. To make the involvement and process more meaningful, we request the Chief Justice of every High Court to register proceedings on its own motion for the effective implementation of the Juvenile Justice (Care and Protection of Children) Act, 2015 so that road-blocks if any, encountered by statutory authorities and the Juvenile Justice Committee of the High Court are meaningfully addressed after hearing the concerned governmental authorities. A copy of this judgment and order should be sent by the Secretary General of this Court to the Registrar General of each High Court for being placed before the Chief Justice of every High Court for initiating suo motu proceedings."

3. Mr. Mrinal Kanti Roy, the learned GA-I refers to the Advertisement dated 13th December 2023 to apprise the Court that now the process for appointment of the members of Juvenile Justice Board has been initiated and appointments shall be made very shortly.

4. We have been informed that the Selection Committee comprising Hon'ble Judge (Retd.) of this Court, the Director, Jharkhand State Child Care Institution and other members has already been constituted. We have also been informed that the Juvenile Justice Board and Child Welfare Committee have already taken initiative and organized seminars in the recent past.

5. In the aforesaid facts, we do not see any other difficulty in implementation of the Juvenile Justice (Care and Protection of Children) Act, 2015 and, accordingly, WP(PIL) No. 1052 of 2018 is closed.

(Shree Chandrashekhar, A.C.J.)

(Anubha Rawat Choudhary, J.) Tanuj