Non-implementation of JJSO lands boy in jail

Islamabad Judicial Magistrate Hidayatullah Shah on Wednesday sent a 13-years old boy to jail for two month due to non-implementation of Juvenile Justice System Ordinance (JJSO) 2000.
According to details, Kaloo Khan was arrested by the I-9 Police on charges of pick pocketing some two months ago. But, the said court showed its inability to try the minor boy under the JJSO-2000 and imprisoned him for two months under CrPC.
Kaloo Khan had stolen Rs 200 from the Industrial Area, here, his lawyer told the newsman.
Talking to Business Recorder defence lawyer, Ajmal Khattak said that under the JJSO- 2000, the accused was to be handed over to prohibition officer for his moral/ethical rehabilitation.
As per law, the child shall be placed under the custody of a Probation Officer or institution dealing with the welfare of the children if parent or guardian of the child is not present, but shall not be kept in a police station or jail.
Under the directives of the Federal Government, no court has so far been established for children trial.
The Federal Government, in JJSO-2000, authorised the provincial governments to establish one or more Juvenile Courts in consultation with the Chief Justices of High Courts (HC).
The HC may give powers of the Juvenile Court to Sessions Court or First Class Judicial Magistrate, and appoint from amongst practicing Advocates, having at least seven years standing at the Bar under the ordinance.
The Juvenile Court shall have the exclusive jurisdiction to try cases where a child was accused of commission of an offence, the law said.
Khattak while referring to the law, said when a child was arrested, the concerned officer in-charge of the police station shall inform the guardian as soon as possible about the nature of crime and name of the Juvenile Court before which the child shall be produced.
Defence Lawyer said without prejudice to the provisions of the Code, a child accused of a bailable offence shall be released by the Juvenile Court on bail, with or without surety bond, unless it appears that there were reasonable grounds for believing that the release of the child shall bring him into association with any criminal or expose the child to any danger.
No child under the age of fifteen shall be arrested under any of the laws dealing with preventive detention or under the provisions of Chapter VIII of the Code.