PRAMOD KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) We have heard Counsel for the parties. The Districts Judges have sent their reports to this Court from which it appears that there are three primary reasons for delay in disposal of cases under the Juvenile Justice Act. In many of the districts, the Court is not available to take up these matters. The second reason is that the witnesses do not appear when the case is fixed for trial. Lastly, the accused themselves default in the matter of appearance.

(2.) The problem being faced by the Juvenile Justice Courts are more or less the same as are faced by the other Courts. The special treatment given to the juvenile must be recognised and therefore some effort has to be made to dispose of such matters as quickly as possible. At the same time, keeping in view the larger interest of justice no strait jacket formula can be prescribed. However, taking note of the gravity of the situation, we are passing these directions today.

(3.) The Courts trying juveniles will give priority to those cases where witnesses are available and the juvenile concerned is also present. In such cases, the Court should refuse to grant unnecessary adjournment and proceed with their trial. It is common experience that if such matters are not taken up on the date fixed, at some stage witnesses get frustrated and stop coming to the Court when required. The Courts must, therefore take prompt step to see to it that the witnesses who have appeared before the Court for recording of their depositions should not be asked to go back without recording of their evidence. Of course, this is subject to the appearance of juvenile concerned.