NIRANJAN KUMAR JHA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, a juvenile, aged about 15 years on the date of occurrence, is in custody since 27th November, 2014.

(2.) It is submitted by the learned counsel for the petitioner that despite lapse of over one year and eight months, the inquiry being conducted against the petitioner has not been completed by the Juvenile Justice Board, Madhubani. It is also submitted that the Additional District and Sessions Judge, Madhubani has passed the impugned order dated 6.2.2016 in Cr. Appeal No.01 of 2015 whereby he has rejected the appeal against the order dated 10.2.2015 passed by the Juvenile Justice Board, Madhubani in E.N. No.598 of 2015 without taking into consideration the object of Juvenile Justice (Care and Protection of Children) Act, 2000 (for short J.J. Act, 2000), which was enacted to provide for protection of children in terms of Article 15, Article 39(e) and (f), Articles 45 and 47 of the Constitution of India which casts a duty upon the State for ensuring that all the needs of children are met and that their basic human rights are fully protected. It is submitted that the very object of the J.J.Act, 2000 is that a juvenile in conflict with law should not be made to stay long in observation home or a place of safety and in case his stay in the observation home is necessary in the interest of justice, he should be kept occupied and the occupation should be intended to bring about adaptability in life aimed at bringing about a self confidence and picking of human virtues.

(3.) He has contended that unfortunately, in the observation home, where the petitioner has been lodged pending inquiry since long, there is no provision to keep a person occupied.