| Citation(s) |
|---|
| 2024 SLG 5980 2024 SLD 5980 = 2024 PLD 843 |
Supreme Court of Pakistan
Crl.P.L.A. No. 80-P of 2024, decided on 29th May, 2024. (Against the judgment of the Peshawar High Court, Peshawar, dated 25.03.2024, passed in Cr. M.B.A. No.551-P of 2024).
Present: Syed Mansoor Ali Shah, Muhammad Ali Mazhar and Athar Minallah, JJ
Shabbir Hussain Gigyani, Advocate Supreme Court (Through V.L. Peshawar Registry) for Petitioner. Noroz Khan, Addl. A.G. KPK along with Complainant in person, Fazal Akbar, DSP and Safdar Iqbal, S.I./I.O for
Respondents. Assisted by: Umer A. Ranjha, Judicial Law Clerk.
Crl.P.L.A. No. 80-P of 2024, decided on 29th May, 2024. (Against the judgment of the Peshawar High Court, Peshawar, dated 25.03.2024, passed in Cr. M.B.A. No.551-P of 2024).
Present: Syed Mansoor Ali Shah, Muhammad Ali Mazhar and Athar Minallah, JJ
Shabbir Hussain Gigyani, Advocate Supreme Court (Through V.L. Peshawar Registry) for Petitioner. Noroz Khan, Addl. A.G. KPK along with Complainant in person, Fazal Akbar, DSP and Safdar Iqbal, S.I./I.O for
Respondents. Assisted by: Umer A. Ranjha, Judicial Law Clerk.
MEHRAN---Petitioner
VERSUS
UBAID ULLAH and others---Respondents
Law: Juvenile Justice System Act, 2018
Section: XXII,2(g),(m),(o)6(3),6(4),6(5),8
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Penal Code (XLV of 1860)
Section: 302,324,392,427,201,34
Law: Khyber Pakhtunkhwa Arms Act, (XXIII of 2013)
Section: 15
Law: Constitution of Pakistan, 1973
Section: 35
Law: United Nations Convention on the Rights of the Child
Section: 3
(a) Juvenile Justice System Act (XXII of 2018)-------Preamble---Constitution of Pakistan, Art. 35---United Nations Convention on the Rights of the Child (UNCRC), Art. 3---Juvenile justice system---Child justice--Therapeutic jurisprudence---Purpose and objective of the juvenile justice system explained.The juvenile justice system specifically addresses the situation of children alleged to have infringed criminal law and operates under the premise that juveniles are different from adults and require special attention and treatment. Since juveniles are more amenable to rehabilitation than adults, the juvenile justice system is designed not just to punish but to rehabilitate, emphasizing correction and guidance to help children develop into responsible adults. A range of factors underscore the need for a special justice system for juveniles. These include juveniles' lack of maturity, propensity to take risks, susceptibility to peer influence, as well as intellectual disabilities, mental illness, and victimization. This system is distinct from the ordinary criminal justice system and is based on a rehabilitative and restorative model rather than a retributive one. It emphasizes reducing crime by rehabilitating and reclaiming juvenile offenders, focusing on treating rather than punishing them. Central to this system is the principle of the 'best interest of the child', which ensures the fulfillment of a juvenile's basic rights, needs, identity, social well-being, and physical, emotional and psychological development. The rationale behind this non-punitive approach is that public safety is best served by emphasizing rehabilitation rather than the incapacitation and punishment of juveniles.Kathleen Daly, 'Restorative v. Retributive Justice' (2002) 4(1) Punishment and Society Sage Publications 55; Anees Jillani, Cries Unheard: Juvenile Justice inPakistan, Society for the Protection of the Rights of the Child (1999) and Cox, S.M., Conrad, J. J., and Allen, J. M., Juvenile Justice: A guide to theory and practice, McGraw-Hill Humanities, Social Sciences and World Languages (2003) ref.The main objective of the Juvenile Justice System Act, 2018 ('the 2018 Act') is to modify…