نابالغ ملزمان کی ضمانت اور ٹرائل کے بارے لاھور ہایئکورٹ کا تفصیلی فیصلہ اور ماتحت عدالتوں کو جاری کی گئی ھدایات
VVI Judgement on the topic of bail to Juvenile accused.
In order to realize some of the aims and objects of the Juvenile Act it is necessary to make the following directions:
a) The Inspector General of Police, Punjab, shall ensure that all cases involving juveniles are processed swiftly in accordance with law and the challan is submitted within 14 days. If it is not possible to submit final challan, at least interim challan in terms of the proviso to section 173 Cr.P.C. shall be submitted.
b) The Prosecutor General Punjab shall ensure that no delay in meeting the aforementioned timeline is occasioned by the Prosecution Department.
c) The Inspector General of Police and the Prosecutor General shall immediately nominate designated officers who shall monitor submission of challans in cases involving juveniles on monthly basis. Disciplinary action shall be taken against those responsible for causing delay.
d) Henceforth juvenile cases shall be on the agenda of every meeting of the Criminal Justice Coordination Committees constituted under Chapter XI of the Police Order, 2002. The said committees shall review the progress of the said cases and issue such directions and take such steps as may be necessary for implementation of this order.
e) All the trial courts shall decide the cases involving juveniles expeditiously. They shall proceed with them on day-to-day basis and would not grant unnecessary adjournments. In any event, every trial must be concluded within six months. Compliance report shall be submitted to this Court in every case through the Deputy Registrar (Judicial) concerned.
Section 8(1) of the Juvenile Act mandates that where an accused appears or claims to be a juvenile the police are bound to ask him to produce his birth certificate, educational certificates and other relevant documents and determine his age in their light. However, where such documents are not available they should get him medically examined and use the report of the medical officer for that purpose. Section 8(2) stipulates that where an accused who physically appears to be a juvenile is brought before a court under section 167 Cr.P.C., the court shall, before granting further detention, record its findings regarding his age on the basis of the available record, including the police report or the medical report.
Crl. Misc. No.4603/B/2020
Muhammad Umar Vs. The State etc.
The Additional Registrar (Judicial) shall send copies of this order to all concerned, including the District & Sessions Judges of the Punjab.
0 Comments