Juvenile Justice System Ordinance, 2000
Section 10 (7) read with
The Constitution of Pakistan
Article 25(3)
The Juvenile Justice System Ordinance, 2000 does not specifically stipulate the period within which trials should be concluded nor the period within which appeals should be decided, however the stated purpose of the Ordinance is to “provide for protection of children” (the title and the preamble of the Ordinance). The delay in the conclusion of a juvenile’s trial before a juvenile court is also a ground for his release on bail as provided in section 10 (7) of the Ordinance. Therefore, considering the provisions of the Ordinance and being mindful that the Constitution envisages “the protection of women and children” (clause (3) of Article 25) it would be appropriate to direct that trial of juveniles be concluded by juvenile courts without delay and appeals against conviction be prioritized and expeditiously decided. Therefore, the Hon’ble Chief Justices of the provinces and of the Islamabad High Court through their respective Registrars should be pleased to issue necessary directions to prioritize the hearing of appeals filed by juvenile convicts and in this regard may be further pleased to direct that appeals by juvenile convicts are so highlighted on the file covers of the appeals. Requisite instructions by the Hon’ble Chief Justices, through their respective Registrars, should also be issued to the juvenile courts within their respective territorial jurisdictions to ensure the expeditious conclusion of trials. .....Muhammad Adnan =VS= The State, (Civil), 2018 (2) [5 LM (SC) 175] ....View Full Judgment