2024 LHC 3460
I. The respective Government must take immediate and decisive steps to implement The Juvenile Act to the fullest extent and meaning without further delay. It is imperative that no further time is wasted in bringing the protections and reforms of this vital legislation to fruition. For the greater good of our youth, we must ensure that the commitments of this law are swiftly and fully realized.
II. The Provincial Police Officer shall ensure that a juvenile offender shall be interrogated only by a police officer of a rank not below that of a Sub-Inspector. Such interrogation shall be carried out under the supervision of a Superintendent of Police (SP) or a Sub-Divisional Police Officer (SDPO). The investigating officer shall be assisted by a probation officer or a social welfare officer notified by the Government.
III. The Prosecutor General Punjab, as a principal stakeholder in the criminal justice system, must also ensure the strict compliance of The Juvenile Act. It is incumbent upon the concerned prosecutors to promptly identify and address any investigation conducted in violation of this law at the earliest possible stage. By doing so, they safeguard the integrity of the legal process and uphold the rights and protections afforded to juveniles under this beneficial legislation.
IV. To achieve the true purpose of The Juvenile Act, it is essential to always opt for the disposal of cases through diversion following Section 9 of this Act. Diversion focuses on rehabilitation over punishment, reducing recidivism, minimizing stigma, improving efficiency in the justice system, and prioritizing the best interests and well-being of the juvenile offenders. During the investigation, the investigating agency, and during the trial, the prosecution and trial courts shall refer cases to the Juvenile Justice Committees for disposal through diversion in the prescribed manner.
V. To ensure strict compliance with The Juvenile Act during investigations, the prosecution and investigating agency must maintain a close and effective liaison. This cooperation is essential to guarantee that juvenile offenders are treated in full accordance with the provisions of the Act, upholding both the spirit and letter of the law.
VI. The Law and Justice Division, in consultation with the Sessions Judge, shall bring forth the Juvenile Justice Committee in each Sessions Division without slightest delay to ensure effective and meaningful implementation of The Juvenile Act. Without these committees being operational, the true spirit of this law cannot be fully realized.
VII. To meet the requirements of The Juvenile Act, arrested juveniles shall be kept in observation homes. The Government shall establish these observation homes to provide safe shelter for them in every District. The physical separation of juveniles from adult offenders in detention facilities is non-negotiable, with separate lockups and detention centers dedicated to young offenders.
VIII. Prosecutors and investigating officers must be thoroughly versed in the provisions and their applications within The Juvenile Act. It is advisable to hold training sessions for them in collaboration with the Prosecution and Police Departments. This proactive approach will ensure that all involved parties are fully equipped to uphold the law and administer justice following the mandates of the law.
WP: 40169/24
Rehana Nazir Vs DPO Gujrat etc
Mr. Justice Ali Zia Bajwa
19-07-2024
2024 LHC 3460
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