Court Emphasizes Mandatory Compliance with Juvenile Justice Act, 2015, Section 9(2) for Determining Juvenility
In a significant judgment, the Allahabad High Court has set aside an order passed by the Additional District & Sessions Judge, Deoria, and a consequential order by the Juvenile Justice Board, Deoria, due to non-compliance with the mandatory provisions under Section 9(2) of the Juvenile Justice Act, 2015. The court, presided over by Justice Tej Pratap Tiwari, emphasized that it is obligatory for courts, other than the Juvenile Justice Board, to conduct a thorough inquiry, take necessary evidence, and record a positive finding regarding the age of the accused before referring the matter to the Juvenile Justice Board.
The case in question involved Maksudan Gond @ Kahsudan Gond, who had filed an application challenging the orders dated March 3, 2020, and May 30, 2022, claiming that the process followed was illegal and without jurisdiction. The High Court observed that the initial order by the Additional District & Sessions Judge mechanically referred the matter to the Juvenile Justice Board without determining the juvenility of the accused, thus rendering it prima facie without jurisdiction.
The court further stressed the inherent powers of the High Court to set aside orders passed without jurisdiction to ensure compliance with statutory provisions. It directed the Registrar General to issue a circular to all District & Sessions Judges across Uttar Pradesh to ensure adherence to the procedural safeguards outlined in the Juvenile Justice Act.
This judgment highlights the critical importance of procedural compliance in cases involving claims of juvenility, reinforcing the necessity for courts to follow statutory mandates meticulously to uphold justice.
Bottom Line:
Juvenile Justice Act, 2015 - Section 9(2) imposes a mandatory and non-delegable duty on the Court to conduct an inquiry, take evidence, and record a positive finding on juvenility before referring the matter to the Juvenile Justice Board.
Statutory provision(s): Juvenile Justice Act, 2015 Section 9(2), Criminal Procedure Code, 1973 Section 528
Maksudan Gond @ Kahsudan Gond v. State of U.P., (Allahabad) : Law Finder Doc Id # 2844570
