KARACHI: The Sindh High Court on Wednesday directed all the district and sessions judges to ensure that juvenile justice committees must perform their duties diligently and to dispose of cases against underage suspects through “diversion”.
A two-judge bench headed by Justice Mohammad Ali Mazhar observed that since the provincial government had established juvenile justice committees in 26 out of 29 districts of Sindh, therefore, it was the responsibility of the district and sessions judges to ensure due compliance of law and make some mechanism in their respective districts.
While disposing of a petition seeking implementation of some provisions of the Juvenile Justice System Act (JJSA), 2018 regarding the juvenile justice committees, the bench also directed the committee members to submit compliance reports on a regularly basis to the district and sessions judges.
The bench observed that Section 9 of the JJSA was “basically germane to disposal of cases through diversion, whereas, diversion means an alternative process of determining the responsibility and treatment of a juvenile on the basis of his social, cultural, economic, psychological and educational background without resorting to formal judicial proceedings”.
In fact, in order to exercise power to dispose of cases through diversion under Section 9, the complaint against a juvenile relating to offences as specified under sub-section (6) shall be referred to a juvenile justice committee for disposal through diversion, it added.
The bench further said that under the JJSA, the juvenile justice committee was required to be set up in consultation with district and sessions judge concerned.
On the directive of the bench, the additional home secretary and an assistant advocate general submitted some documents to show that out of 29 districts, juvenile justice committees had been established in 26 districts.
The additional secretary submitted that such committees would also be set up in Korangi, Sujawal and Khairpur districts soon as they were waiting for the nomination through district and sessions judges concerned.
At this, the petitioner’s lawyer argued that though the committees had been constituted they were not performing their duties in accordance with law.
The bench observed that there was no cavil to the proposition that once the law had been promulgated the same should be implemented in its letter and spirit. It said now it was the responsibility of the district judges to ensure that such committees must perform their duties in accordance with law.
The bench asked the SHC registrar to circulate the order to all the district and sessions judges of the province for compliance.
By-laws for stray dogs
The same bench on Wednesday directed the provincial authorities to frame by-laws to deal with the issue of stray dogs under the Sindh Local Government Act (SLGA), 2013 within 45 days.
When a petition about a surge in dog-bite cases in the province and shortage of anti-rabies vaccines at government-run hospitals came up for hearing, the project director of the Sindh Rabies Control Programme submitted the master plan and timeline for achieving the target.
The bench observed that certain efforts had been made by the local government department and local administrations in order to save public from stray dogs, but the fact remained that the implementation on master plan and by-laws was statutory responsibility, which cannot be delayed for an unlimited period.
“The law is in field since 2013, the provision of byelaws was there, therefore, we direct the secretary of local government to frame the byelaws in the larger public interest within a period of 45 days,” the bench said in its order.
Published in Dawn, December 3rd, 2020
