In a significant order, the Delhi High Court has “terminated with immediate effect” all cases, where inquiries against minors in alleged petty offences before the Juvenile Justice Boards (JJB), are pending and have remained inconclusive for over one year in the national Capital. The court passed the order keeping in view the mandate of Section 14 of the Juvenile Justice (Care and Protection of Children) Act (JJ Act) which says that the inquiry against a child who has allegedly committed a petty offence shall conclude in four months from the date of the first production before the board unless the period is extended for a maximum of two months.
The provision says that if the inquiry remains inconclusive, such proceedings shall stand terminated. Justices Siddharth Mridul and Anup Jairam Bhambhani said, “We are passing these directions ex debito justiciae, to correct an error in the judicial dispensation, since we believe there is no justification in keeping such matters pending any longer.”
“In all cases alleging petty offences against children/juveniles, where the inquiry has been pending and remains inconclusive for longer than one year, regardless of whether the subject child/juvenile has been produced before the JJB, all such inquiries shall stand terminated with immediate effect; a formal order closing all such matters shall be passed by the JJBs in each file within two weeks from the date of this order, and any children/juveniles detained in relation to such inquiries, shall be released immediately without waiting fr recording the formal orders.