| Citation(s) |
|---|
| 2005 SLG 1802 2005 SLD 1802 = 2005 PLD 15 |
Lahore High Court
Writ Petition No. 20645 of 2002, decided on 6th December,2004. dates of hearing: 18-12-2002, 12-3-2003, 20-3-2003,25-3-2003, 1-4-2003, 2-4-2003, 24-6-2004 & 22.11.2004
KHAWAJA MUHAMMAD SHARIF, MIAN MUHAMMAD NAJAM-UZ-ZAMAN AND ASIF SAEED KHAN KHOSA, JJ
Syed Farooq Hassan Naqvi for the Petitioner. Mr. Muhammad Nawaz Bhatti, Deputy Attorney General for the Federation of Pakistan. Mrs. Nasmin Sehgal, Assistant Advocate-General for the Province of the Punjab. Mrs. Asma Jahangir and Mr. Manzoor Ahmad Malik a
Writ Petition No. 20645 of 2002, decided on 6th December,2004. dates of hearing: 18-12-2002, 12-3-2003, 20-3-2003,25-3-2003, 1-4-2003, 2-4-2003, 24-6-2004 & 22.11.2004
KHAWAJA MUHAMMAD SHARIF, MIAN MUHAMMAD NAJAM-UZ-ZAMAN AND ASIF SAEED KHAN KHOSA, JJ
Syed Farooq Hassan Naqvi for the Petitioner. Mr. Muhammad Nawaz Bhatti, Deputy Attorney General for the Federation of Pakistan. Mrs. Nasmin Sehgal, Assistant Advocate-General for the Province of the Punjab. Mrs. Asma Jahangir and Mr. Manzoor Ahmad Malik a
FAROOQ AHMEDVsFEDERATION OF PAKISTAN through Secretary Law and Parliamentary Affairs, Government of Pakistan, Islamabad
Law: Juvenile Justice System Ordinance, 2000
Section: 82, 83 & 299(a) & (i)
Law: Pakistan Penal Code (XLV of 1860)
Section: 399
Law: Governor-Criminal Procedure Code (V of 1898)
Section: 199, 23,25, 26 & 12
Law: Constitution of Pakistan, 1973
Section:
(a) Juvenile Offender------- Treatment of a child accused committing a crime---By and large a child is considered to be deserving of special treatment because of his innocence and lack of proper understanding of the nature or consequences of his conduct---Young person who has already lost his childhood virtue, innocence and incorruptibility and who understands the nature or the normal consequences of his conduct, no matter what is his age, may cease to qualify for such special handling as a child.Sages down the ages have generally perceived an accused person; before establishing of his guilt beyond reasonable doubt, as the darling of a criminal court and if such an accused person happens to be a child then the romance about him usually receives a further sympathetic boost. The raison d'etre for such sympathy may not be difficult to discern as by and large a child is considered to be deserving of special treatment because of his innocence and lack of proper understanding of the nature or consequences of his conduct. However, a young person who has already lost his childhood virtue, innocence and incorruptibility and who understands the nature or the normal consequences of his conduct, no matter what his age, may cease to qualify for such special handling as a child. (b) Juvenile Justice System Ordinance (XXII of 2000)-------Preamble---Penal Code (XLV of 1860), Ss. 82, 83 & 299(a) & (i)--�Criminal Procedure Code (V of 1898). S.399---Constitution of Pakistan (1973), Arts. 199, 23, 25, 26 & 12---Constitutional petition---Vires of Juvenile Justice System Ordinance, 2000---Juvenile Justice System Ordinance, 2000 was struck off the statute book on account of its being unreasonable, unconstitutional and impracticable on the basis of reasons recorded in the Judgment---Parliament may, if it so desires, enact a fresh law in this regard-after attending to all the infirmities of the Ordinance highlighted by the High Court---Juvenile Courts established under the Juvenile Justice System Ordinance, 2000, as a necessary consequence of the declaration made and the order passed in the Judgment, shall stand abolished forthwith and all the cases pending before…