Jammu & Kashmir High Court - Srinagar Bench
Court On Its Own Motion vs State Of J&K; And Others on 17 October, 2018
Bench: Chief Justice, Alok Aradhe
Serial nos.3 & 4
Regular List
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
PIL No.09/2013 &
PIL No.09/2015
Date of order: 17.10.2018
Court on its own motion v. State of J&K and others.
Coram:
HON'BLE THE CHIEF JUSTICE.
HON'BLE MR JUSTICE ALOK ARADHE, JUDGE.
Appearance:
For the appellant(s) : None.
For the respondent(s) : Mr B. A. Dar, Sr AAG.
Mr Asif Ahmad Bhat, AAG.
Mr N. A. Beigh, Advocate.
i) Whether approved for reporting in Yes/No
Law journals etc.:
ii) Whether approved for publication
in press: Yes/No
01. An interim report has been received from Justice Hasnain Masoodi (Retd.), Chairperson, Selection Cum Oversight Committee, under cover of letter dated 16th October, 2018, which is taken on record. This report has brought to the fore the need for setting up Cradle Reception Centres at Srinagar, Leh, Anantnag, Baramulla, Jammu, Kathua, Udhampur and Rajouri to temporarily house the neonates. These neonates are being at present housed in hospitals exposing them to the tremendous risk of serious infections.
02. Several other difficulties in the working of the Juvenile Justice Act have been pointed out. However, in order to enable effective working, first and foremost, it is essential to have complete crop of staff in the institutions under the PIL Nos.09/2013 & 09/2015 Page 1 of 4 J&K Juvenile Justice (Care & Protection of Children) Act. Learned Chairperson has pointed out the pitiable conditions in which the children are being compelled to exist in child care institutions.
03. The learned Chairperson has also emphasized the imperative need of regulation and certification of Child Care Centres as well as regular inspections of Government and NGO run institutions.
04. Pursuant to the directions made by us on 8th October, 2018, Mr Farooq Ahmad Lone, Secretary, Department of Social Welfare, accompanied by Mr G. A. Sofi, State Mission Director, are personally present. We are informed that an advertisement for recruitment against 128 posts in various categories, as required for the child care institutions under the Jammu & Kashmir Juveniles Justice (Care & Protection of Children) Act, 2013, was issued in May, 2018. However, certain objections were received from Justice Hasnain Masoodi (Retd.), Chairperson Cum Oversight Committee with regard to the criterian prescribed by the authorities vide letter dated 2nd August, 2018. On account of these objections, the previous notification was cancelled for working out a fresh eligibility criterion.
We have noted in our previous orders about the critical requirement of filling up the posts. We make it clear that there should be no further delay. In so far as the observations of the learned Chairperson Cum Oversight Committee conveyed vide communication dated 2nd August, 2018 are concerned, the same are in the nature of suggestions and it is for the respondents to apply their mind to the same and evolve appropriate criterion. Needless to say that there is no impediment to the authorities in consulting with the Chairperson who would bring the wealth of his experience and knowledge to the deliberations.
The recruitment process should in any case be completed within a period of three months from today. The status report in this regard shall be placed before us.
05. We are informed by Mr Farooq Ahmad Lone, that the matter with regard to creation of a dedicated department of Women and Child is also being PIL Nos.09/2013 & 09/2015 Page 2 of 4 considered at the highest level and report in this regard shall be placed before this Court within one month from today.
06. The deficiency which has been noticed by us in our previous orders is the lack of recreation and sports facilities in Child Care Institutions. By our order dated 28th August, 2018, we had directed the J&K State Sports Council to ensure immediate steps for assessing and ensuring provision of sports equipments and instructors to all the Child Care Institutions.
With regard to the aspect of finances, learned AAG has placed before us communication dated 3rd October, 2018, addressed by the Financial Advisor, Youth Services and Sports Department, to the Secretary, J&K Sports Council, Srinagar, conveying the sanction to provide sports equipments to all the institutions and to utilize the funds for the purpose which stands released to it under cover of the Government letter dated 18th June, 2018 under the component "1.3, For Special Activities". It was further directed that these equipments should be provided within a week's time.
Let the Youth Services and Sports Department as well as the J&K State Sports Council, place a status report regarding the provision of the supports equipments as well as arrangement of instructor on our record within two weeks from today.
Copy of the communication dated 03.10.2018 is taken on record and copy thereof be also furnished to Ms Moksha Kazmi, AAG.
07. We are informed by Mr B. A. Dar, learned Sr AAG, that pursuant to the directions made by this Court, the Special Juvenile Police Units have been created in all the districts of the State and besides that Juvenile Police Officers/ Child Welfare Officers have been nominated for each unit. The orders issued by the authorities in this regard are placed on record.
08. Mr Asif Ahmad Bhat, learned AAG, has drawn our attention to the status report dated 16th October, 2018, wherein it is stated that an amount of Rs.291.39 lakhs have been released on 10th October, 2018 by the Social Welfare Department PIL Nos.09/2013 & 09/2015 Page 3 of 4 to meet the arrears of pending salary of the staff which is stated to be disbursed within this week. It has also been stated that stationery items have already been provided to all the 22 Juvenile Justice Boards/ Child Welfare Committees. Additionally, advance of Rs.2.20 lakhs have been placed at the disposal of each DCPU for defraying expenses by the JJB/CWCs for which sanction has also been issued by the Government on 15th October, 2018.
Copy of the status report has been made available to Mr N. A. Beigh, who appears for SLSA.
Let the facts narrated in the status report be verified and status with regard to the disbursement of the salary and other items be placed before us before the next date of hearing.
09. List on 28th November, 2018.
10. Let a copy of this order be placed on PIL No.09/2015 as well.
(ALOK ARADHE) (GITA MITTAL)
JUDGE CHIEF JUSTICE
Srinagar
17.10.2018
Abdul Qayoom, PS
PIL Nos.09/2013 & 09/2015 Page 4 of 4