# Non-Implementation or partial implementation of the Juvenile Justice Act, 1986 in Varanasi Mandal (division), disobedience of the directives of the Hon'ble Supreme Court regarding the trials of…

- **Citation:** Notification No. 1402/26-2-88-32
- **Court:** Allahabad High Court
- **Decided:** 1991-07-21
- **Case number:** Notification No. 1402/26-2-88-32
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/non-implementation-or-partial-implementation-of-the-juvenile-justice-act-1986-163427
- **Pages:** 9

## Headnote

Non-Implementation or partial implementation of the Juvenile Justice Act, 1986 in Varanasi Mandal (division), disobedience of the directives of the Hon'ble Supreme Court regarding the trials of Juveniles by the A.C.J.M. Varanasi .Sri Naresh Chandra Dubey (designated as Principal Magistrate of the Juvenile Court established under J .J .Act) Particularly and illegal procedure adopted by other courts generally in the trial of delinquent juveniles.

## Text

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 (iii)
Arbitrary function of the Presiding Officer/Principal Magistrate (A.C.J.M.)
of Juvenile Court constituted under Notification No. 1402/26-2-88-32
(P)/87, dated 25th May 1988 by Harijan Evam Samaj Kalyan Vibhag.
C.L. No. 49/IV-1565/Admn.(A) dated July 21, 1991
I am directed to enclose herewith a copy of Government Letter No. UO-72/VIINyay-2, dated May 20, 1991 along with a copy of each of the notice in criminal
miscellaneous petition No. 888 of 1991 and petition filed by Executive Director, Legal
Aid and Service Clinic Faculty of Law, Banaras Hindu University, Varanasi in writ
petition (Criminal) No. 1451 of 1985 in the Hon'ble Supreme Court of India on the
above subject, and to request you kindly to give appropriate instructions to the officers
dealing with these matters in your Judgeship.
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IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION
Criminal Miscellaneous Petition No.888 of 1991 (Letter dated 1-2-1991 along with
an application for directions received from Dr. Surrender Nath, Executive Director,
Legal Aid & Service Clinic, Faculty of Law, Banaras Hindu University, Varanasi)
In
Writ Petition (Criminal) No.1451 of 1985 (under Article 32 of the Constitution of India)

Supreme Court Legal Aid Committee ........Petitioner,
Versus
Union of India and Ors...... Respondents.
1.
Chief Secretary, Government of U.P., Lucknow (U.P.)
2.
Mr. Naresh Chandra Dubey, Additional Chief Judicial Magistrate, Designated as
Principal Magistrate of Juvenile Court (Varanasi), U.P.

Whereas a letter dated 1.2.1991 along with an application for directions (copy
enclosed) was sent and received in this Registry on 1.2.1991 from Dr. Surender Nath,
Executive Director, Legal Aid & Service Clinic, Faculty of Law, Banaras Hindu
275
University, Varanasi and treated as Criminal Miscellaneous Petition above- mentioned in
the Writ Petition (Criminal) No.1451 of 1985.
And whereas the said petition came up for preliminary hearing before this Court
on the 8th April, 1991 when the Court was pleased to pass the following Order-
"Issue notice, returnable within three weeks. In the meantime a copy of the
petition sent by Executive Director, Legal Aid and Service Clinic, Faculty of
Law, Banaras Hindu University, Varanasi may be forwarded to the District Judge
for guidance and with a direction that he may collect the particulars keeping the
information disclosed in the letter in view and send his report to the Court. The
matter is adjourned for four weeks and the report is expected to be received by
them."
NOW, THEREFORE, TAKE NOTICE that the above Petition is posted for
hearing before this Court on Monday, the 6th May, 1991 and will be taken up by this
Court at 10.30 0' Clock in the forenoon or so soon thereafter as may be convenient to the
Court for orders when you may appear before this Court either personally or through
Counsel and Show Cause to the Court why the prayer of the petitioner should not be
granted.
Take further notice that in default of appearance the matter will be decided and
determined in your absence.
Dated this the 15th day of April, 1991.
The Legal Aid and Service Clinic,
Law School, Banaras Hindu University, Varanasi-22100S (U.P.)
Through: Dr. Surendra Nath, Executive Director and Mr. A.K. Shukla, Advocate and
Panel Lawyer of Clinic........ Applicants
BEFORE THE REGISTRAR, SUPREME COURT OF INDIA, NEW DELHI
Subject: Non-Implementation or partial implementation of the Juvenile Justice Act, 1986
in Varanasi Mandal (division), disobedience of the directives of the Hon'ble
Supreme Court regarding the trials of Juveniles by the A.C.J.M. Varanasi .Sri
Naresh Chandra Dubey (designated as Principal Magistrate of the Juvenile
Court established under J .J .Act) Particularly and illegal procedure adopted by
other courts generally in the trial of delinquent juveniles.
The applicants associated with the Legal Aid and Service Clinic, Law School,
B.H.U, Varanasi wish to bring to the kind notice of the Honourable Registrar and
through him to the knowledge of the Honourable Justice of the Supreme Court-
particularly Honourable Justice Rang Nath Misra and Honourable Justice M.N.
Venkatchalliah who are at present considering identical issues in Criminal Writ Petition
No.1451 of 1985- Supreme Legal Aid Committee v. Union of India and others- the mode
and manner in which the cases of the delinquent juveniles are being tried in Varanasi
Mandal contrary to the provisions of law prescribed by the Juvenile Justice Act, 1986
and the directives laid down by the Honourable Supreme Court.
It is respectfully submitted that the Honourable Supreme Court has been
deliberating on the above stated subjects concerning delivery of justice to juveniles since
1986 and in the celebrated judgment given in the case of Sheela Barse v. Union of India
276
(reported in AIR 1986 SC 1573) the Hon'ble Supreme Court issued specific necessary
directions to be followed by the State agencies and the subordinate judiciary. These
directions have provided guidelines for the trial of delinquent juveniles and have
prescribed a time frame for continuing such trials. Recently, in the same case, vide its
order dated 29.8. 1988, the Hon'ble Supreme Court had sought information for every
State regarding the implementation of the Juvenile Justice Act, 1986, framing of the
relevant Rules and the establishment of Juvenile Courts as per provisions of the Juvenile
Justice Act, 1986 (referred hereinafter as J.J.Act) in response to which, it is understood
that (The State of Uttar Pradesh had filed an affidavit that J.J. Act has been implemented
in the State since October 2, 1987 and Juvenile Courts have also been established and the
trials of delinquent Juveniles are being conducted by these courts and neglected
juveniles are being dealt with Juvenile Welfare Boards in accordance with the provisions
of the J.J.Act and the J.J.Rules made there under. However, the Legal Aid and Service
Clinic through this petition wishes to bring to the kind notice of the Hon'ble Supreme
Court- which is at the moment overseeing the matter concerning juveniles at the initial
stage in the interest of children as per orders recently issued in Criminal Writ Petition
No.1451 of 1985--S.C. Legal Aid Committee v. Union of lndia -- on 17.3.1989 the real
state of affairs in operation concerning the implementation of the J.J. Act and the trial of
unfortunate lot of children as delinquent juveniles particularly in the Varanasi Mandal
(division) comprising of five districts-Varanasi, Ghazipur, Jaunpur, Ballia and Mirzapur
as given below:-
(1)
That in-spite of the establishment of the juvenile courts in the State of Uttar
Pradesh at every Mandal headquarter, the Additional Chief Judicial Magistrate, Varanasi
-Sri Naresh Chandra Dubey - who has also been designated as Principal Magistrate of
the Juvenile Court, Varanasi (having jurisdiction over five districts) has blatantly refused
to function as Juvenile Court under J.J. Act on some untenable grounds given below
although the State Government had also notified the other members of the Juvenile
Court and the names of the two social workers--as given in Appendix IV enclosed
herewith.
(2)
That in spite of the notification issued by the Government of Uttar Pradesh issued
with the concurrence of the Hon'ble High Court of Allahabad, the said A.CJ.M. has
declined to call the meetings of the Juvenile Court, so established and function as
Principal Magistrate during the past one year on the ground that the learned said
Magistrate has sent some representation to the Honourable Court of Allahabad and
unless specific instructions are received from the High Court and the Juvenile Courts are
established according to Section 5(2) of the J. J .Act, the learned Magistrate would not
function as such, although in the specific terms it has been made clear by the learned
CJ.M. in his orders that Juvenile Court has been established u/s 5 of JJ. Act and the
powers of the A.CJ .M. being exercised u/s 7 (2) of J. J .Act have come to an end.
However, till today the newly established Juvenile Court has not started functioning due
to the rigid attitude of the said A.CJ.M. who has decided not to act as such till he is
posted at Varanasi as is evident by his version shown on 26-4-1990 in a case sponsored
by the Legal Aid & Service Clinic (the details of which are given below in para 5 of this
application and duly supported by the affidavit ).
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(3)
 That the trials of the delinquent juveniles of Varanasi district and other districts
falling under the jurisdiction of the newly established Juvenile Court are being
conducted in total contravention of the specific provisions of the J. J .Act and the
directives of the Hon'ble Supreme Court given in the various orders in the above noted
Criminal Writ Petition No.1451 of 1985, due to the adamant attitude and untenable stand
taken by the learned A.C.J.M. of Varanasi-Sri N.C. Dubey -who is disposing the cases of
the delinquent juveniles alone according to his own whims and procedure. It is to point
out that prior to establishment of the Juvenile Court in Varanasi, the said learned
A.CJ.M. was authorised to hear and try the cases of delinquent Juveniles u/s 7(2) of J.J.
Act and the A.CJ.M. is still acting under the same section although the Juvenile Court
has been notified and established by notification May 25, 1988.
(4)
That the learned A.C.J.M. not only has refused to function as the Principal
Magistrate of the Juvenile Court or to call the meeting of the Juvenile Court, he has even
declined to apply the specific directives given by the Hon'ble Supreme Court regarding
the conduct of trials of delinquent juveniles and the conclusion within a maximum period
of time. The relevant directions of the Hon'ble Supreme Court, which have not been
complied with by the learned A.CJ.M. in the case sponsored by the Legal Aid and
Service Clinic and many others, in spite of repeated requests made are as follows:
"...So far as a child-accused of an offence punishable with imprisonment of
not more than 7 years is concerned, we should regard a period of 3 months
from the date of filing of the complaint or lodging of the First Information
Report as the maximum time permissible for investigation and a period of 6
months from the filling of the charge--sheet as a reasonable period within
which the trial of the child must be completed. If that is not done, the
prosecution against the child would be liable to be quashed...' (reported in
AIR 1986 SC 1773 at 1779)
(5)
That in a case sponsored by the Legal Aid & Service Clinic, Law School,
B.H.U., Varanasi, a child of about 14 years of age was brought before the above-said
A.CJ.M. Varanasi - Sri Naresh Chandra Dubey - on 26-3-1989 for the alleged offences
under Section 25 Arms Act, u/s 401, Indian Penal Code and surprisingly u/s 3 (2) of U.P.
Gangster and Antisocial Elements Act respectively in crime No.115 of 89, crime No.116
of 89 and crime No 117 of 89 of P .S. Cantt., Varanasi. It is pertinent to note that
although P.S.Cantt. falls under the jurisdiction of learned C.J.M., the child was produced
before the A.C.J.M. for remand, etc. because he was the age below 14 years and the
A.C.J.M. was exercising the jurisdiction pertaining to juveniles. In the said cases, since
the arrest of the Juvenile Kalit Dhir and initiation of the proceedings, the following
irregularities have been committed:
(a)
The child was kept under police lock up for 24 hours by the P.S.Cantt.
along with other habitual offenders which has been verified by the C.D.
As no copy is issued of this record, documentary evidence is not attached,
herewith but the fact may got be confined through C.J.M. or District &
Sessions Judge.
(b)
No intimation was sent to the parents of the said child Kalit Dhir -who
belongs to a respected family of Punjab-or to the Probation Officer,
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Varanasi for preliminary enquiry as is desired by the provisions of J.J.
Act, for about one month and the said child suffered all kinds of mental
agony in the observation home. He was studying and his studies were
discontinued.
(c)
After having come to know about the detention of the said child in the
observation home, the applicants approached the Incharge of the legal Aid
authorities & of the Punjab University-Prof. V .K. Bansal - and on the
information received from Prof. Bansal sent by the Legal Aid & Service
Clinic, the father of the detained child came to Varanasi and moved an
application for releasing the child under his custody .The father of the
child - Sri Pratap Dhir is gazetted officer serving under Haryana
Electricity Board.
(d)
The father of the child secured an order of release by the learned A.C.J.M.
on 11th May, 1989 but he could not get the custody of the child because
the learned A.C.J.M. insisted for three sureties and he was not satisfied
with one surety and personal bond of the father. Hence he had go back to
Chandigarh to bring three persons from Chandigarh, spend lot of money
in travels, etc., and ultimately got released his son on 23-5-1989, just after
two months. Thus, the child suffered the agony of the observation home
for two months due to the fault of those persons whose duty was to inform
the parents about his detention but they failed to do so.
(e)
That since no charge sheets were submitted in the concerned court of the
learned A.C.J .M. which issued the orders of the remand and released the
child on bail, in any of the above referred cases till the expiry of 90 days
JIB from the date of lodging F.I.R. in P .S. Cantt, three applications were
moved on 27-6-89 before the learned A.CJ.M. Varanasi - Sri N.C. Dubey
(the competent authorised Juvenile Court) with the request to discharge
the said Juvenile -Kalit Dhir - and close the case as well as discharge the
sureties in accordance with the specific directions given by the Hon'ble
Supreme Court in Sheela Barse V. Union of India reported in AIR 1986
SC 1773 (subsequently confirmed in the year 1988 by another order
reported in AIR 1988 S.C. 2211. The photocopy of the orders passed by
the Hon'ble Supreme Court were also attached with the application in the
interest and welfare of the juveniles and in consonance with the directives
given by the apex judicial body, the Hon'ble Supreme Court. The relevant
portions of the statements made by the learned A.C.J .M. for not disposing
the application of the said juvenile and for not acting as Juvenile Court are
given below-
(A)
"As I am going to be A.D.J. after May 1990, I would not dispose
these applications till then."
 (B)
"When I have told not to place these applications before me, then
why are they put and pressed upon time arid again."
After being drawn to the directives of the Hon'ble Supreme Court, the copy of
which had already been filed in the Court on 27.6.89 with the original applications, the
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learned A.C.J.M., Varanasi Sri N.C. Dubey- told the panel lawyers and the pairokar of
the Clinic appearing before him on 26-4-90 that:

"Whatever step clinic considers necessary, it may take, but I would not dispose of
these applications till I am posted in the capacity of A.C.J.M. at Varanasi."
The learned A.C.J.M. advised the panel lawyers to approach the Hon'ble Supreme
Court for not following the directions of the Hon'ble Court regarding the conclusions of
the trials of the juvenile's delinquents within the prescribed period.
(In this connection, it is to be submitted that the statements quoted here were
made by the A.CJ .M. in Hindi and they are supported by an affidavit given by the
pairokar of the clinic attached herewith).
(9)
Even on 26-4-90, after receiving the copy of the clarification issued by the
Registrar of Allahabad High Court dated 20-12-89 and circulated by the District &
Sessions Judge, Varanasi on 23-1-90, the learned A.C.J.M. flatly denied that he has not
received any communication in this regard from AIlahabad High Court, and without
passing any order on the applications moved on 26-4-90, the learned Magistrate kept the
court file with the above two applications in the court-box leaving the panel lawyers and
the pairokar totally perplexed, amazed and helplessness.
(10)
That the statements made by the learned A.C.J.M.-Sri N.C. Dubey- on 26-4-90 in
the open court clearly indicate that Mr. N.C.Dubey is not going to discharge the
functions of Principal Magistrate of the Juvenile Court till he is posted at Varanasi as
A.CJ.M. and he is not going to dispose of the applications of Kalit Dhir moved on
27.6.89 till he is promoted as Addl. District & Sessions Judge, irrespective of the fact
that the non- disposal of these applications amounts to the gross violations of the
directives issued by the Hon'ble Supreme Court, contravenes the legislative provisions of
J.J.Act, 1986 in letters and spirit. Owing to the stand taken by the learned A.C.J.M. the
Juvenile Kalit Dhir and his father are facing continuous mental agony and harassment for
the last 13 months since the lodging of the F.I.R. and perhaps would have to wait till the
learned A.C.J.M., Varanasi, is promoted and some other persons are designated as
members of the Juvenile Court.

Under the above circumstances and keeping in view the suggestions made by the
learned A.C.J .M. Varanasi -Sri N .C. Dubey - himself to panel lawyers of the Clinic on
26-4-90 and on other dates earlier, the applicants representing the Legal Aid & Service
Clinic, Law School, B.H.U., Varanasi, are constrained to move this application to the
Honourable Supreme Court through the Honourable Registrar, with painful hearts.
However, this application is being moved in the general interest and welfare of the
Delinquent Juveniles facing trial in the Varanasi Mandal in various Districts and are
unable to get justice according to the provisions of J. J. Act, 1986 and the directives
issued by the Hon'ble Supreme Court due to the stand taken by the learned A.C.J.M.
Varanasi - Sri N.C. Dubey - the Principal Magistrate designate of the Juvenile Court of
not functioning as Juvenile Court. The purpose of moving this application is also, in
addition to seek justice for Kalit Dhir, to acquaint the apex judicial body of the country
about the state of affairs concerning the trials of juvenile delinquents in the Varanasi
Mandal and also inform the Hon'ble Supreme Court as to how the subordinate judiciary
can and is flouting in some cases the provisions of law and the principles of law
280
enunciated by the Supreme Court and, thus, consequently, making the efforts of the
Hon'ble Supreme Court pertaining to juvenile justice administration futile--as is
evidenced in the case of Kalit-Dhir. It is also submitted that as the Juvenile Court is not
functioning in the Varanasi Mandal (covering Ballia, Ghazipur, Jaunpur, Varanasi and
Mirzapur) due to the indifferent attitude taken by the learned A.C.J .M., Varanasi, Sri N
.C. Dubey - the trials of each and every delinquent juvenile in these districts are, being
contrary to the provisions of J. J. Act, in contravention of the procedure established by
law and thus have far-reaching consequences.
Since, the Honourable Supreme Court has taken up the responsibility of
overseeing the implementation of the Juvenile Justice Act at the initial stages in the
interest of children (as per Justices R.N. Misra and M.N. Venketachalliah in the order
dated 17-3-89), this application is being moved with the hope that it would be placed
before the bench of the Honourable Justices Misra and Venkatachalliah who are dealing
with the identical problems of the implementation of J. J. Act and delivery of justice to
Juveniles in the Criminal Writ no. 1451 of 85. The consideration of this application by
the Honourable Supreme Court would not only benefit the child Kalit-Dhir but would
benefit several hundred delinquent and neglected juveniles of the Varanasi Mandal - the
Eastern districts of U .P. and these children would also of get justice as has been
envisaged by the new J. J. Act, 1986. At present, due to the attitude of the judicial
officers like the present A.C.J.M., Varanasi, even the Juvenile Court established on 25-588 could not be started functioning till today and the juveniles are being tried by the
Magistrates generally according to the normal criminal law - fines are being imposed,
imprisonment in default of fine is awarded, juveniles are being sent to District Jail in
some cases and the directive of the Supreme Court regarding the finalisation of the trial
within a prescribed period is not at all followed; trials are continuing for several years
from the date of filing complaints or lodging F.I.R., juveniles are being challenged u/s
109 Cr. P. C. by the Executive Magistrates (which is not permitted by the J. J. Act), some
cases have been brought to the notice of the clinic that the case was disposed of by the
former Juvenile Judge, Varanasi functioning under Children Act on the basis of the
Supreme Court directive or on merit and the juvenile was discharged, but now after 2 to
3 years, the child is being summoned in the normal courts in the same crime because the
charge sheet has come now after the lapse of 2-3 years. If these practices continue due to
the "ignorance of law of the presiding officers" and "ignorance law of the prosecuting
agency and police personnel" regarding the J. J. Act even after the lapse of more than
three years, in fact the juveniles being delivered "injustice" instead of "justice" in this
Mandal (division) of the State and there is an urgent need of interference by the
Honourable Supreme Court in this deplorable state of affairs concerning the delivery of
justice to juveniles. It is, therefore, requested that the matter be taken into cognizance by
the Hon'ble Supreme Court and necessary directions be issued in this regard so that all
these irregularities are stopped and the Juvenile court starts functioning. It is also prayed
that the juvenile Kalit Dhir be awarded adequate compensation for the harassment and
mental agony which he has been suffering and suffered for the last thirteen months due
to the non- implementation of the Juvenile Justice Act, 1986 by the concerned authorities
and persons responsible for the same so that justice be done.
It is, further, requested that the Legal Aid and Service Clinic of the Law School,
B.H.U., Varanasi, would be highly obliged if the action taken on this application is
281
intimated to the Clinic and if any other formality like filing a separate writ petition or
submission of other documents, etc., is required, the Clinic be kindly informed so that the
same may be complied with.

In the end, it is prayed that in order to provide justice to several hundred juveniles
of this eastern part of the State who are denied the benefit of the provisions of the
Juvenile Justice Act, 1986, this application be kindly put before the appropriate Bench of
Hon'ble Judges of the Supreme Court so that necessary action be taken and directions be
issued by the Hon'ble Supreme Court to the concerned persons including the A.C.J.M.
Varanasi, Sri N.C. Dubey- immediately to apply the law of the land and not apply one's
own law.
(iv)
Establishment of special court for typing cases relating to Juvenile Justice
Act, 1986
C.L.No.62/ Admin:A-3, dated Allahabad:3 December 1998
 I am directed to refer to Government Notification No.1297/60-198-1/16(2)/97 dated
27.6.1998 in the matter of establishment of the court (ACJM/CJM) specified in each
district as Juvenile Justice court for typing the cases under Juvenile Justice act1986 and
also to refer the Government Notification No.1402/26-2-88-32(P)/87 dated 25th May
1988 through which the Government had established the Juvenile Justice court at 11
divisional head Quarters with the place of sitting at Varanasi, Gorakhpur, Moradabad,
Agra, Merrut, Allahabad, Faizabad, Lucknow, Jhansi, Bareilly and Pauri Garhwal
defining the local areas comprising some of the district and to say that the court has
considered the matter regarding trial of pending cases in the aforesaid 11courts and is of
the view that when the cognizance has already been taken by the court, its Jurisdiction
would not be cussed merely on the ground of local area from where the case up in the
court falls to the jurisdiction of another court.
 In the circumstances mentioned above, the court is of the view that the cases
covered under Juvenile Justice, Act, which was earlier pending in one district of
divisional Head Quarters, would continue to be tried by those courts.
C.L. No. 4/Main-B/Admin. (A-3) Dated 23.01.2010
Sittings of Juvenile Justice Boards.

On the above noted subject, I have been directed to say that in order to make
Juvenile Justice Boards more functional and effective, the Hon'ble Court has been
pleased to resolve that the Principal Magistrate presiding over the Juvenile Justice Boards
shall hold sitting four days in a week and may sit at 03.00 PM onwards to attend the cases
of the juveniles.

I am, therefore, to request you to kindly direct the concerned Magistrates working
under your supervision to make compliance of the above direction of the Hon'ble Court.
Sitting of Juvenile Justice Boards in the month of May & June
C.L. No. 14/Main-B/Admin. (A-3): Dated 24.05.2010

In continuation of the Court's Circular letter No. 4/Main-B/Admin (A-3),
Allahabad: dated; January 23, 2010, on the above noted subject, I have been directed to
say that the Hon'ble Court has been pleased to order that during the months when the
morning Court are being held i.e. in the month of May and June the Juvenile Justice