Manipur High Court
Court On Its Own Motion vs State Of Manipur; & Ors on 14 March, 2022
KABORA Digitally signed
by
MBAM KABORAMBAM
SANDEEP SINGH
Item No. 1
SANDEE Date:
(Through Video Conferencing)
2022.03.14
P SINGH 17:29:25 +05'30'
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
PIL No. 7 of 2018
Court on its own motion
Petitioner
Vs.
State of Manipur; & Ors.
Respondents
BEFORE
HON'BLE THE CHIEF JUSTICE MR. SANJAY KUMAR
HON'BLE MR JUSTICE MV MURALIDARAN
14.03.2022.
Sanjay Kumar (C.J.):
Mr. A Romenkumar, learned amicus curiae, is present. Mr. Kh.
Tarunkumar, learned counsel, appears for respondent No. 8.
The additional affidavit filed by the State authorities reflects that they
are still awaiting a response from the election authorities with regard to
regularization of contractual staff as per the Cabinet decision. However, it is the
admitted position that, as on date, the Election Commission has lifted the Model
Code of Conduct in view of completion of the election process in the State of
Manipur.
Mr. N. Kumarjit, learned Advocate General, Manipur, states that he
would need some time to ascertain how long the authorities would take to give
effect to and implement the Cabinet decision with regard to regularization of the
contractual staff in the observation homes.
By the next date, we expect that a positive result will be reported in this
regard instead of excuses for further delay in the implementation of the decision.
Mr. A. Romenkumar, learned amicus curiae, would point out that in
terms of the Judgment of the Supreme Court in the Sampurna Behrua case,
passed as long back as on 09.02.2018, the State of Manipur is statutorily bound
to constitute a Juvenile Justice Fund, but even as on date, no steps have been
PIL No. 7 of 2018 Page 1
taken in that regard. Though Mr. N. Kumarjit, learned Advocate General, Manipur,
would assert that the Finance Department has to take a call on the constitution of
this fund, it may be noted that the Judgment of the Supreme Court was passed
more than 4 years ago and it was merely a reminder of the statutory obligation
which rests upon every State/U.T in the country to give proper effect to the
Juvenile Justice Act by constituting a fund for implementing the provisions thereof.
Mr. N. Kumarjit, learned Advocate General, Manipur, shall file an
affidavit indicating in clear terms as to what the State of Manipur has done in this
regard.
It is also pointed out by Mr. Kh. Tarunkumar, learned counsel, that the
State Government has not released its contribution towards upkeep of the
Juvenile Justice Boards and that the Juvenile Justice Boards at Chandel and
Ukhrul do not even have minimum staff. These aspects shall also be addressed.
We are of the opinion that it would be appropriate to hear this case
finally as opportunities granted to the State Government to make provision for
proper implementation of this Act are not resulting in any positive action.
Post for final hearing on 27.04.2022.
A copy of this order shall be supplied online or through whatsapp to the
learned counsel for the parties.
JUDGE CHIEF JUSTICE
Sandeep
PIL No. 7 of 2018 Page 2
