Juvenile Justice Board (JJB) Tuesday issued directions to authorities at Regional Passport Office (RPO) here to issue passport to a juvenile in conflict with law.
The juvenile had filed an application with the Board seekingdirection to RPO for issuance of passport in his favor.
The order issued by three member Board, Khem Raj Sharma(Principal Magistrate), Khair-un-Nisa and Dr Asima Hassan (members) JJBSrinagar said reports showed that two cases (FIR No’s 11/2016 and 286/16 ofPolice Station Humhama, Srinagar under sections 147, 148, 336,332, 427 RPC,against the juvenile were pending disposal against in the Board.
“In the final reports, the statements of the juvenile… havebeen recorded on 05/03/2019 and both the cases are fixed for evidence of theprosecution,” the order said.
The Board had sought objections from prosecuting officer whoin turn pleaded for rejection of the application, arguing grant of passportwill affect smooth inquiry in the cases.
“Moreover, the juvenile in conflict with law is a habitualoffender. Offences attributed to him are against public order,” the prosecutionsaid.
While hearing submissions of both the side and pursuingmaterial on files and relevant provisions of J&K Juvenile Justice (Care andProtection of children) Act, 2013 and Rules 2014, the Board came to theconclusion that, “…proportionality of sentence is not known in Juvenile JusticeAct as no sentence is provided to the juvenile in conflict with law even onreturn of finding of commission of offence.”
In the present case, the order said the inquiry was stillgoing and “when it is settled principle of law that even conviction of ajuvenile cannot be treated as a disqualification/stigma, as such how can thependency of a final report be made a ploy to deny legal/ constitutional rightsto a juvenile,” the order reads.
“In backdrop of the aforesaid it can be safely inferred thateven during pendency of inquiry, the juvenile in conflict with law cannot bedenied of his legal/ constitutional rights. As such the passport authoritiesare directed to issue passport in favour of the juvenile and treat this orderas NOC from the JJB, Srinagar,” the JJB order said.
However, the juvenile was directed not to leave the countryduring inquiry of both the cases.