MAMTA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Registrar General had reported that nothing had been done by the State of Bihar in implementing the Juvenile Justice (Care and Protection of Children) Act, 2000. In fact on the day of meeting the Secretary concerned conveniently absented himself. When a request was sought that this matter be discussed with the Hon ble Chief Minister, no response was received. The Governor also sent a letter to the State Government, a copy of which has been marked to the High Court inquiring what exactly has happened in putting the machinery of the Act in place. The Court does not know what reply the Governor may have received.

(2.) THIS matter relates to public justice specially catering for the juveniles and of matters which may be conferred on a Board. The visitation can be exercised by the High Court also. This is provided under the Act itself. This is lackadaisical attitude of the Government in running away from placing the machinery ordained by an Act of Parliament. Before the Court certifies that the Government is evading installing the structure which the law has provided, during the pre -lunch session the Court indicated to the State Counsel (S.C. 8) to intimate the Hon ble Chief Minister of the state of affairs. The Court indicated to the State Counsel that the machinery of the Act cannot be evaded and it must be put in place forthwith in all the districts of Bihar. What the High Court desires to know from the Hon ble Chief Minister is why the aforesaid Act of Parliament will not be implemented.

(3.) A preliminary brief note will be sent by the Registrar General to the Chief Secretary, Government of Bihar, for placing it before the Hon ble Chief Minister within 24 hours. The note will indicate the structure identified by the Act.