Tripura High Court
09.02.2018 In Case Of Sampurna Behura vs . Union Of India & Others on 9 December, 2019
Author: Akil Kureshi
Bench: Akil Kureshi, Arindam Lodh
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HIGH COURT OF TRIPURA
AGARTALA
WP(C) No.297/2018
For Court on own motion : Ms. P. Sen, Amicus Curiae.
For Respondent(s) : Mr. A.K. Bhowmik, Advocate General,
Mr. Debalay Bhattacharjee, G.A., Mr. Karnajit De, Addl. G.A. HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE ARINDAM LODH Order 09/12/2019 (Akil Kureshi, C.J.) This writ petition is in the nature of public interest litigation and arises out of the judgment of the Supreme Court dated 09.02.2018 in case of Sampurna Behura vs. Union of India & others in Writ Petition (Civil) No.473 of 2005. In the said decision, the Supreme Court has given wide-ranging directions for better implementation of the provisions of the Juvenile Justice Act. The respondents have filed replies pointing out that virtually all positions of Juvenile Justice Boards in the districts of the State of Tripura have been filled up. These Juvenile Justice Boards are thus fully functional. The said decision contains several other directions. In particular, we may reproduce sub paragraph (16) of the paragraph-95 of the decision pertaining to conclusions and directions which reads as under:
"16. Since the involvement of the State Governments and the Union Territories is critical to child rights and the effective implementation of the JJ Act, it would be appropriate if each High Court and the Juvenile Justice Committee of each High Court continues its proactive role in the welfare of children in their State. To Page 2 of 2 make the involvement and process more meaningful, we request the Chief Justice of every High Court to register proceedings on its own motion for the effective implementation of the Juvenile Justice (Care and Protection of Children) Act, 2015 so that road-blocks if any, encountered by statutory authorities and the Juvenile Justice Committee of the High Court are meaningfully addressed after hearing the concerned governmental authorities. A copy of this judgment and order should be sent by the Secretary General of this Court to the Registrar General of each High Court for being placed before the Chief Justice of every High Court for initiating suo motu proceedings."
This process of monitoring the effective implementation of the Juvenile Justice (Care and Protection of Children) Act, 2015 as per the said decision of the Supreme Court thus is virtually an ongoing process. We notice that substantial progress has been made for compliance of the directions contained in the said judgment insofar as they are related to the State Government.
Let the petition be notified for further hearing on 23.06.2020.
(ARINDAM LODH), J (AKIL KURESHI), CJ Pulak