New Delhi, Apr 3 (PTI) The Delhi High Court Thursday took exception to the non-appointment of members to vacant posts in the Child Welfare Committees and Juvenile Justice Boards in the capital in spite of an assurance by the Union home secretary in February that the names would be finalised within two weeks.
A bench of Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela, dealing with a batch of petitions on deficiencies in implementation of Juvenile Justice Act, asked the additional solicitor general of India to seek “complete instructions” and apprise the authorities of the court’s concerns.
The bench, underscoring the significant role of Child Welfare Committees (CWCs) and Juvenile Justice Boards (JJBs) in matters involving minors, expressed its displeasure over the delay in appointments in spite of the selection committee recommending the names in September last year.
“In the absence of members of CWC, JJB, what is happening to juveniles? You have been unable to notify or return the selected list.. (Despite) considering the significant function of CWC, JJB, the positions were lying vacant for two years. “Selection committee made the recommendation in September. Despite assurance by the Home Secretary that they will come up with the final names in two weeks, we are in April,” the court said.
“On request, the ASG (Chetan Sharma) has appeared. He has been apprised of the concerns of the court. On his prayer, list on Monday to enable him to get complete instructions in respect of the statement made in the affidavit dated February 11,” it ordered.
On January 10, the high court had taken on record the Centre’s stand that the process of scrutinising and finalising the members to the JJBs as well as the CWCs shall be concluded within four weeks.
Subsequently, on February 11, the Union home secretary also filed a personal affidavit deposing that the process shall be completed within two weeks.
On Thursday, the bench said the authorities were yet to come up with the final names and the recommendations of the selection committee, which was “not an ordinary committee” but headed by a retired judge, has to be given “some credence”.
The authorities, it said, must consider the names recommended by the selection panel and either accept or reject the same on some ground.
During the hearing, another ASG appearing in the case assured the court that the order on appointment would be complied with.
The court, however, retorted that the authorities were already in violation of the order.
“JJBs in Delhi have not been functioning for two years. The kind of function that CWC, JJB perform, you are aware. Six months the recommendation is available. Since September till March, there is no JJB in Delhi,” it said.
Senior advocate H S Phoolka and lawyer Prabhsahay Kaur appeared for NGO Bachpan Bachao Andolan (BBA) in the matter and said while some functioning was going on after extending the term of members in the juvenile bodies, it was negligible.
The BBA had filed a plea seeking a direction for expeditious filling of the vacant positions of chairpersons and members in the CWCs in the national capital. PTI ADS ADS KVK KVK
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