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May 15, 2002 Wednesday Rabi-ul-Awwal 2, 1423

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Sessions judges get juvenile courts’ powers



By Waseem Ahmad Shah


PESHAWAR, May 14: Taking first step towards the implementation of the Juvenile Justice System Ordinance (JJSO), 2000, the Chief Justice of the Peshawar High Court, Justice Mian Shakirullah Jan, has conferred powers of juvenile courts on all the district and sessions judges in the NWFP.

It is learnt that a notification was issued late last month by the Registrar of the PHC, Salim Khan Minakhel, through which the powers of juvenile courts were conferred on the district and sessions judges under section 4(2) of the JJSO.

Under the ordinance, the provincial government should establish one or more juvenile courts for any local area within its jurisdiction. Moreover, the chief justice of the high court is also empowered under the law to confer powers of juvenile court on court of sessions or judicial magistrate of first class, or appoint from amongst practising advocates, having at least seven years standing at the Bar, presiding officers of the juvenile courts.

The ordinance, promulgated on July 1, 2000, envisages exclusive jurisdiction of the juvenile courts to try cases in which a child is accused of commission of an offence.

Moreover, on commencement of the ordinance and establishment of juvenile courts, all cases pending before a trial court in which a child is accused of an offence shall stand transferred to the juvenile court having jurisdiction.

Although the law was promulgated two years back, the provincial government showed least interest in implementing it. Finally, the chief justice had to exercise his powers under the ordinance to confer powers on the court of sessions.

Meanwhile, Voice of Prisoners Chairman Noor Alam Khan told Dawn that there were about 250 juvenile offenders in the Peshawar central prison and most of them were under trial prisoners.

The Voice of Prisoners deals with cases of juvenile offenders.

Khan said under the law a juvenile court had to decide case of a juvenile offender within four months.

“With the conferment of powers of juvenile court on the court of sessions it is expected that cases of child offenders will be decided in an expeditious manner,” he claimed.

It would be appropriate that the district and sessions judges should fix a specific day in a week for exclusively hearing cases of juvenile offenders, he further said, adding that the government should also implement other provisions of the law, specially establishment of borstal institutions.



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