LAHORE: The Lahore High Court taking serious note of not implementing the Juvenile Act in letter and spirit directed the government to establish juvenile rehabilitation centres in every district and keep the arrested juveniles there.
The court also observed that the Juvenile Justice Committees (JJCs), envisioned to protect the welfare and to facilitate the social reintegration of young offenders, have failed miserably and directed the Law and Justice Division to constitute the JJCs at division level without any delay.
The court also held that under the Juvenile Act, the government is bound to provide legal assistance to both victims and accused juveniles and it is their right to be informed of this facility within twenty-four hours of their custody, the court added.
The court passed this order in a petition of Rehana Nazir who approached the court for the recovery of her eleven-year-old grandson Ghulam Murtaza from the alleged illegal custody of Gujrat police.
The court observed that the reports submitted by the concerned state functionaries reveal a disheartening situation as no serious efforts were made to implement the Juvenile Act.
This landmark legislation, designed to bring justice to child victims and rehabilitation of juvenile offenders, remains more a promise than a reality, the court observed this after the detenu appeared before the court in a pitiable condition.
The detenue was produced before the court with his sister Shaheen and younger brother Ahmed who was also involved in criminal activities.
The court handed over the custody of detenue, his younger sister, and his brother to the Child Protection Bureau (CPB).
The court observed that the custody of the juveniles shall be regulated by the Child Protection Court henceforth which shall undertake all necessary measures to ensure that these vulnerable children are safeguarded from future involvement in any unwanted activities. It is expected that the state shall fulfil its obligation to nurture and shield these ill-fated minors, the court added.
The court also directed the investigating agency to dismantle the gangs that exploit minors for their nefarious designs and submit a report in this regard.
The court held a juvenile offender shall be interrogated only by a police officer of a rank not below a sub-inspector under the supervision of a Superintendent of Police (SP).
The investigating officer shall also be assisted by a probation officer or a social welfare officer notified by the government, the court added.
The court said the Prosecutor General Punjab (PGP) must ensure the strict compliance of the Juvenile Act and added the concerned prosecutors at the earliest possible stage should promptly identify and address any investigation conducted in violation of this law.
To ensure strict compliance with the Juvenile Act during investigations, the prosecution and investigating agency must maintain a close and effective liaison, the court added.
The court also observed that under Section 9 of the Act, it is essential to opt for the disposal of the cases through diversion to achieve the true purpose of the Juvenile Act.
The court said the diversion focuses on rehabilitation over punishment, reducing recidivism, minimizing stigma, improving efficiency in the justice system, and prioritizing the best interests and well-being of juvenile offenders.
The court; therefore, held that during the investigation and the trial, the investigating agency, the prosecution, and trial courts shall refer cases to the JJCs for disposal through diversion in the prescribed manner.
The court also advised to hold training sessions for in collaboration with the prosecution and police departments to ensure that all involved parties are fully equipped to uphold the law and administer justice, the court added.
The court observed that the Juvenile Act, like many other laws, remained merely a paper law and added by adhering to the provisions of this Act; we can ensure a criminal justice system that is fair, humane, and geared towards the rehabilitation of juvenile offenders.
The court; therefore, directed the government, PGP, and Provincial Police Officer, to submit their reports within two months.
The court also directed the registrar to refer the copy of the judgment to all stakeholders, for its strict compliance.
Copyright Business Recorder, 2024
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