Srinagar, June 27: The Juvenile Justice Board (JJB) Srinagar has directed Passport Sewa Kendra Jammu to issue passport in favour of a juvenile who is going under trial in BOPEE scam case.
The JJB Srinagar comprising Principal Magistrate JJB Srinagar Touseef Ahmad Magrey and two members DrAsima Hassan and Khair-ul-Nisa said that during the pendency of inquiry, the child cannot be denied of her legal, constitutional and fundamental right.
The juvenile moved an application through counsels Dar Khurshid and AabidMalla, seeking direction upon SSP CID Jammu to clear the verification of a child for issue of passport and subsequent direction upon Passport Sewa Kendra Jammu for issuance of passport in favour of the applicant.
The Board after hearing prosecution and counsels for applicant observed that JJ Act and rules is that proportionality of sentence is not known to JJ Act as no sentence is provided to the children in conflict with law even on return of finding of conviction of offence.
“In the case in hand, the inquiry is at its final stage and when it is settled principle of law that even conviction of a child cannot be treated as a disqualification/stigma, as such how the pendency of inquiry be made a ploy to deny legal, constitutional, fundamental rights of a child,” it observed.
Referring to various provisions of law, the Board said that it can be safely inferred that even during the pendency of inquiry, the applicant cannot be denied her fundamental right.
“As such, the SSP CID Jammu is directed to forward the verification report of the applicant/child for issuance of passport to the Passport Sewa Kendra Jammu and the Passport Sewa Kendra, Jammu is also directed to issue passport in favour of applicant with full validity, notwithstanding the pendency of the instant case and treat this order as NOC from the Juvenile Justice Board, Srinagar,” it said.
However, the Board added that this order shall be deemed to only negate the pendency of the instant enquiry pertaining to applicant before this Board as a disqualification for acquiring the passport provided she is otherwise eligible to acquire the same as per the laws governing the field. “However, the applicant is directed to submit the undertaking not to leave the country without the proper permission of this Board during the pendency of inquiry in the instant case,” it added.