Sudip Mukherjee –Versus- The State of West Bengal & Ors, (W.P. 18388 (W) of 2010, With W.P. 21558 (W) of 2007, With C.A.N. 9522 of 2008, With C.A.N. 8499 of 2010, With C.A.N. 1471 of 2012)
The High Court of Calcutta
HRLN Lawyers had filed a PIL demanding immediate shifting of the Juvenile Justice Boards which are functioning from Court premises. Functioning of JJBs in the same Court where Adult accused are being tried not only vitiates the objective of the Juvenile Justice Act, it also has a devastating effect on the children.
The Juvenile Justice Board at Kolkata which was functioning from the Court of the 7th Metropolitan Magistrate was immediately shifted pursuant to the interim order of the Court and has its new place of sitting at 45, Ganesh Chandra Avenue at Kolkata. Later on in 2012, in connection with the same matter, it was brought to the notice of the Court that the Juvenile Justice Boards in the State lacks the basic amenities or facilities as provided under the Juvenile Justice Rules.
Report was called for from all the Juvenile Justice Boards in the State and it was found out that the Boards in Dakshin Dinajpur and Darjeeling were still functioning from Court premises. While the Board at Dakshin Dinajpur got shifted pending the PIL, the Court in its final order has directed the Darjeeling Board to be shifted within a strict time frame.
The Court in its order dated 25.02.2013 has specifically directed that all the Boards should have facilities of reception centre (waiting room), drinking water, proper toilets etc and further directed the Principal Magistrate and Members to ensure that police personnel escorting juveniles are not wearing official uniforms at the time when they are carrying juveniles.
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