- (1.) Application(s) for permission to file special leave petitions is/are granted. Heard learned senior counsel for the petitioner. No ground for interference is made out to exercise our jurisdiction under Article 136 of the Constitution of India. The special leave petitions are dismissed. Pending application(s) stand(s) disposed of. ORDER OF THE HIGH COURT DATED ON 18.12.2015. 1. The issue "whether a juvenile in conflict with law, who is found to have committed an offence and sent to Special Home by Juvenile Justice Board, can be released on expiry of the period of stay ordered without ascertaining the factum of reformation that is necessary for his social reintergration" is sought to be espoused in this petition filed as Public Interest Litigation.
(2.) Section 15 of the Juvenile Justice (Care & Protection of Children) Act, 2000 (for short 'the Act') provides for orders that may be passed by the Juvenile Justice Board regarding a juvenile who has committed an offence. The most stringent of the orders that can be passed under Section 15 is directing the juvenile to be sent to a Special Home for a maximum period of three years.
(3.) Contending that the scheme of the Act is silent about the mechanism to ascertain the reformation of the juveniles sent to the Special Home, particularly, the juveniles who had committed heinous crimes like rape, before releasing them from the Special Home and apprehending that release of such juveniles at the end of the stay in the Special Home would be a menace to the society, the present petition is filed seeking a writ, order or direction: "(a) laying down an authoritative interpretation of Sections 15 and 16 of the Act, so as to supply the lacuna therein; and (b) to pass an order that such unreformed juvenile not be released until it is demonstrably assured that he has reformed, ceased to be radicalised and is not a menace to society.";