Delhi High Court Quashes Judgment Due to Jurisdictional Error

Additional Sessions Judge's Order Overturned; Case Remitted to Competent Children's Court

In a significant ruling, the Delhi High Court has set aside a judgment passed by the Additional Sessions Judge-02, North-East District, Karkardooma Courts, Delhi, due to the court's lack of jurisdiction in handling a juvenile justice appeal. The case, Atul Lakra v. State (Govt. of NCT of Delhi), revolved around an appeal under the Juvenile Justice (Care and Protection of Children) Act, 2015.

The petitioner, Atul Lakra, challenged the decision of the Additional Sessions Judge, contending that the judgment dated 16.08.2023 was rendered by a court without proper jurisdiction as per Section 101(1) of the JJ Act. This section mandates that appeals should be exclusively handled by a Children's Court, as defined under Section 2(20) of the JJ Act.

Dr. Swarana Kanta Sharma, J., presiding over the matter, upheld the petitioner's argument, noting that in Delhi, specific Children's Courts have been constituted and notified for such cases. The Court of Additional Sessions Judge-02 was not among these designated courts. The High Court emphasized that the passing of the judgment by a non-competent court led to adverse decisions against the petitioner, including the decision to try the juvenile as an adult, which was not within the court's jurisdiction.

The High Court directed that the impugned judgment be set aside and the matter remitted to the competent Children's Court for reconsideration. Furthermore, the court issued a directive for the Principal District & Sessions Judges across all districts in Delhi to ensure that cases are appropriately assigned to courts with the requisite jurisdiction, reinforcing the importance of statutory compliance.

This ruling underscores the critical need for adherence to jurisdictional mandates, especially in sensitive cases involving juveniles, and highlights the judiciary's role in safeguarding legal processes.

Bottom Line:

Juvenile Justice Act - Court lacking jurisdiction to hear appeal under Section 101 of Juvenile Justice Act - Judgment passed by such court is liable to be set aside.

Statutory provision(s): Juvenile Justice (Care and Protection of Children) Act, 2015 Sections 2(20), 101, 102

Atul Lakra v. State (Govt. of NCT of Delhi), (Delhi) : Law Finder Doc Id # 2804380