Law: Constitution of Pakistan, 1973

Section: 199

Sindh Children Act (XII of 1955) - S. 10 Constitution of Pakistan (1973), Art.199 Constitutional petition Public interest litigation Juvenile offender Trial of Juvenile offender to be conducted according to law Petitioner being a human right activist filed the Constitutional petition in public interest wherein he pointed out that the juvenile offenders were not being tried in accordance with law Validity In addition to Juvenile Justice System Ordinance, 2000, there were Sindh Children Act, 1955, Sindh Borstal Schools Act, 1955. and Reformatory Schools Act, 1897, in force in. the Province of Sindh High Court advised the Government of Sindh to promulgate a consolidated law on the subject, incorporating substantial provisions of the Federal Juvenile Justice System Ordinance, 2000 Responsibility lay with the Provincial Government to ensure that the provisions of the law t were complied with by the agencies and concerned officials Subject involved in the petition was not only legal but also had social and moral concern High Court directed the Provincial Government to get the matter examined by a Committee comprising experts on the subject and officers of the concerned Departments, for the purpose of consolidation of the law on the subject as well as to ascertain the areas in the system where compliance with the law was not being made and to establish the institutions required under the law to provide facilities within a period of six months Constitutional petition was allowed accordingly. M. Ilyas Khan for Petitioner. Nemo for Respondents. Date of hearing: 19th September, 2001. JUDGMENT S.A. RABBANI, J. The petitioner is an Advocate, and human rights activist. He filed this petition, in the public interest, pointing out violations of law being committed in respect of juvenile offenders. He pointed out that there is no separate Court for juvenile offenders as required under Sindh Children Act, 1955. He submitted that section 10 of the Sindh Children Act prohibits joint trial of a child with an adult but such joint trials are being conducted. He further submitted that under section 68 of this Act no youthful offender can be sentenced to death or imprisonment and under…

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