RE SUO MOTU Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) In pursuance to the directions issued by the Hon'ble Apex Court in WP (Civil) No.473 of 2005 titled "Sampurna Behura Vs. Union of India" vide order dated 09.02.2018, one of the directions passed by the Supreme Court was for the High Court to initiate suo motu proceedings for effective implementation of the Juvenile Justice (Care and Protection of Children) Act. 2015 (for short "the Act") so that road blocks, if any, encountered by statutory authorities under the Act and the High Court Juvenile Justice Committee could address after hearing the concerned authorities. On the aforesaid note and directions contained at serial number16 of paragraph 95, the present Public Interest Litigation [PIL] was registered suo motuon the directions of the Supreme Court and same was placed before the Division Bench.

(2.) Learned State counsel has filed the synopsis giving various steps taken by the State Government for effective implementation of the Act as under:-

(3.) An affidavit has also been filed by the Member Secretary, Meghalaya State Legal Services Authority (MSLSA) indicating that this Court vide order dated 26.02.2018 had directed the respondents to file their respective affidavits stating whether various steps/measures have been taken by the State for effective implementation of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as Juvenile Justice Act, 2015).The State Government has filed the requisite affidavit. Vide orders dated 20.6.2019 and 2.8.2019 the Member Secretary was directed to examine the said response filed by the State Government. The affidavit provides that the State and other respondents have taken various steps/measures as required for effective implementation of Juvenile Justice Act, 2015. Further, that the present condition in Remand/Observation Homes, Shelter Homes and Juvenile Homes in all districts is satisfactory both in terms of number, space and facilities and various corrective steps/measures are also under process. A prayer has been made that in the event of any impediment in future, MSLSA may be granted the liberty to approach this Court for necessary orders and directions in terms of the order passed by the Hon'ble Apex Court in the case of Sampurna Behura v. Union of India. The affidavit reads thus:-