(1.) Heard Mr. Samarjit Bhattacharjee, learned counsel appearing for the petitioner as well as Mr. A. Ghosh, learned Public Prosecutor appearing for the state.
(2.) By this revision petition the judgment dated 28.02.2013, delivered in Criminal Appeal No.42(4) of 2012 has been questioned. To lay the perspective of the challenge, it would be apposite to state briefly the essential facts which led to the impugned judgment dated 28.02.2013. Nobody has raised a question about the petitioner, being the person who is responsible for selection and publication of news in Dainik Sambad which has published the news item under heading ''Four Bangladeshis Fled From Juvenile Home''. The news item as referred is available in verna cular at page 20 of this petition. The said news item has been translated by the Juvenile Justice Board in their judgment and order dated 13.09.2012 in Case No. Misc. Juvenile 20 of 2012, thus :
(3.) For publication of the said news item, the petitioner was asked by a showcause dated 09.07.2012, Annexure P/1 to the writ petition, to explain why action under Section 21(2) of the Juvenile Justice (Care and Protection of Children) Act, 2000, read with Rule 18 of the Juvenile Justice (Care and Protection of Children) Rules, 2007 shall not be taken for such publication. The petitioner in compliance to that notice dated 09.07.2012 filed a reply on 10.10.2012 clearly stating that there had been no deliberate or wilful act to violate Section 21 of Juvenile Justice (Care and Protection of Children) Act, 2000. She has also stated that the Juvenile Justice (Care and Protection of Children) Act, 2000 is not applicable for so the foreign nationals are concerned. The said act is applicable on the whole of India except Jammu and Kashimir. Only the Indian Nationals are covered by the said Act.