- (1.) ORDER
(2.) SO far as Union Territory of Chandigarh is concerned, there was a direction of this court that counsel for the Union Territory should be served with a copy of the brief. The brief in this case has assumed large size on account of the fact that all the States and Union Territories are concerned and different orders from time to time have been made. Union Territory of Chandigarh had been served with notice along with other States and Union Territories, but it chose to appear belately some time in 1987. All the papers that have now been on record cannot be supplied. It is open to the counsel for the Union Territory to pick and choose any particular document on inspection and take copies on payment. Pursuant to the previous direction, the petitioner has already supplied a copy of the writ petition. We direct the Registry to supply a copy of the relevant District Judge's report. The District Judge's report shall be furnished to her by day after tomorrow. This matter was adjourned yesterday to be taken up this morning. Under orders of this Court, District Judges from various states after inspection have sent reports as to whether in the different jails located in the States children are being housed along with criminals in regular jails. Pursuant to repeated directions, reports were received about two years back and were tabularised. Copies of the same have been made available to counsel. When the matter was taken up this morning, in view of the fact that certain states were not appearing we wanted to verify which of the States were ready to proceed with the matter by engaging counsel. On verification the following picture emerged:- JUDGEMENT_15_JT3_1988Html1.htm
(3.) IT is brought to our notice that though under the Children's' Act, sentence of imprisonment could not be awarded, there have been several instances where overlooking the mandatory provisions of the Act such sentences have been passed and the accused children are now undergoing the sentences. The petitioner has agreed that within a week from now she would file in the Registry a list showing such instances state wise. Once such a list is filed the Registry shall forward the same to the respective State or Union Territory Legal Aid and Advice Boards and every Board is directed to scrutinise each case relating to its jurisdiction within two months hence and transmit its report to the Registry of this court by the end of July, 88. Reports of the District Judges in regard to the position of Remand Homes and Short Stay Homes have been received. In many cases we find that the accommodation provided is in dangerous or dilapidated condition. There are other particulars in the reports of the District Judges which also require to be looked into.;