GAUHATI HIGH COURT RELEASED MINORS LODGED IN THE JAILS ALONG WITH HARDENED CRIMINALS Date : 29-08-2006
IN THE GAUHATI HIGH COURT
(THE HIGH COURT OF ASSAM, NAGALAND, MEGHALAYA, MANIPUR, TRIPURA,
MIZORAM AND ARUNACHAL PRADESH)
W.P.(C) NO. 4182/06 (Taken up)
Vijay Hansaria vs. State of Assam
PRESENT
HON’BLE THE CHIEF JUSTICE B.S.REDDY
HON’BLE MR. JUSTICE B.P.KATAKEY
29.8.2006
REDDY, CJ:-
The name of the petitioner shall be substituted as Legal Assistance Forum represented by its Secretary P.I.Jose. The name petitioner Vijay Hansaria shall accordingly stand deleted from the cause title.
This Public Interest Litigation is taken up on the strength of letter addressed by the Legal Assistance Forum (Regd.) In which it is inter alia stated that during the holding of Lok Adalat at Jorhat and Nagaon Central Jails, members of the Forum came across several cases of apparently minors being lodged in the Jails along with hardened criminals contrary to section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000.
The learned District Judge Nagaon in his report dated 26.6.2006 and 21.7.2006 submitted to this Court highlighted that at least 5 persons below 18 years of age were found to have been lodged in Central Jail, Nagaon.
The matter highlighted by the petitioner relates to unfortunate and disturbing trend of minors being kept in jail for several years in total violation of law and basic human rights. The petitioner accordingly prays to issue following directions:-
all officers including the police officers, prisons officers as well as Judicial Magistrates to verify the age of every person arrested/produced before sending them to jails. In doubtful cases, medical test may be carried out to verify the correct age.
a thorough survey may be carried out in all the jails in Assam under the supervision of judicial officers so that no person below the age of 18 years is lodged in the jail. If any child/juvenile is found in the jail, such person may be immediately sent to the Juvenile Observation Home or handed over to their parents under the provisions of Juvenile Justice (Care and Protection of Children) Act, 2000.
In cases of apparent minors being kept in jails, necessary action may be initiated against the person responsible for detaining such apparent child/ juvenile in the jail.”
The learned Govt. Advocate Mrs. B. Goyal having accepted notice on behalf of respondents, requests two weeks time to file proper affidavit in the matter.
In the meanwhile, the Chief Judicial Magistrate in the State of Assam are directed to visit the District Jails and as well as Central Jails located under their respective jurisdiction and submit a comprehensive report to this court as regards the lodging of minors in the jail alongwith other convicted persons contrary to section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000. If the learned Chief Judicial Magistrates are not in a position to determine the age by looking at the concerned minors, they may arrange ossification test and take the medical assistance in the matter. The report shall be submitted within two weeks from today.
The Registrar (Vigilance) is accordingly directed to communicate a copy of this proceeding to all the Chief Judicial Magistrate for their compliance and submission of report.
Having considered the importance of the question that arises for our consideration, we have requested the learned senior counsel Mr. M K Choudhury to assist the court in the matter and the earned senior counsel readily agreed to assist us in the matter.
Registry is directed to make available a set of papers to the learned senior counsel Mr. Choudhury by tomorrow.
