MAMTA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) AN affidavit has been filed today by the Director, Social Welfare Department, Government of Bihar, Patna. The affidavit speaks of positioning only nine Judicial Magistrates under the Juvenile Justice (Care and Protection of Children) Act, 2000. Whether the Judicial Magistrate or the Board, they compliment each other. It is not the case of anybody nor the satisfaction of the State administration itself that any district Judgeship is without juvenile in conflict with the law.

(2.) NOT to work an Act of Parliament or not implement it is, in effect, breakdown of the Constitutional obligation to implement legislation. This should be an embarrassment to the Government of Bihar. The issue is not of this particular enactment, there are several others when again even implementation of legislation has been shelved by executive fiat. When the necessity arises the Court will express it 's views and give examples.

(3.) THE Secretary mentioned that at present he has a sanction of nine Judicial Magistrates and also mentioned that he may not be able to get a commitment for placing Judicial Magistrates in the 38 District Judgeships. He submitted that if he ventures to seek placement of Magistrates in every District Judgeship, then there is likelihood that even the sanction of the nine will get caught in a bureaucratic wrangle.