MATTER OF LETTER OF SANAT KUMAR SINHA (CHIEF CO-ORDINATOR), BAL SAKHA Vs. STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT.OF BIHAR

JUDGEMENT

(1.) THIS writ petition has been registered on the basis of a letter dated 7.06.2008 by the Non - Governmental Organization called "BAL SAKHA". In that letter, "BAL SAKHA", principally raised the grievance that a child of Jamui under Chandramandi Police Station, District - Jamui during his transit from the Police Station to the Civil Court for his appearance before the Chief Judicial Magistrate, was handcuffed by the policemen in uniform. This grievance is founded on a report that appeared in "Dainik Jagran", a Hindi daily Newspaper dated 4th June, 2008. It is stated that the newspaper ignored Sec. 21 of Juvenile Justice (Care and Protection of Children) Act, 2000 (for short, 'JJ Act ') by disclosing the identity of the child.

(2.) "BAL SAKHA" also informed in the letter that there has been frequent violation of Human Rights of the juveniles and the authorities in the State have not been following the JJ Act and the decisions of the Supreme Court. A notice has been issued to the State government through the Chief Secretary, Government of Bihar; the Director General of Police, Government of Bihar,; the Principal Secretary, Social Welfare Department, Government of Bihar,; the Director Social Welfare Department, Government of Bihar,; the District Magistrate, Jamui; and the Superintendent of Police, Jamui.

(3.) ON behalf of the Superintendent of Police, Jamui a counter affidavit has been filed on 4th September, 2008. The Director, Social Welfare Department filed her counter affidavit on 22nd October, 2008. Yet another supplementary counter affidavit has been filed on behalf of the Director, Social Welfare Department, on 24th November, 2008.