| Citation(s) |
|---|
| 2006 SLG 2374 2006 SLD 2374 2006 SCMR 1805 |
Supreme Court of Pakistan
Criminal Miscellaneous Application No.189 of 2006, decision dated: 28-04-2006
IFTIKHAR MUHAMMAD CHAUDHRY, C.J. ABDUL HAMEED DOGAR AND SAIYED SAEED ASHHAD, JJ
Attendance. Raja Abdul Ghafoor, Advocate Supreme Court on behalf of Advocate-General, Sindh and Anwar Subhani, A.I.G. Legal.
Criminal Miscellaneous Application No.189 of 2006, decision dated: 28-04-2006
IFTIKHAR MUHAMMAD CHAUDHRY, C.J. ABDUL HAMEED DOGAR AND SAIYED SAEED ASHHAD, JJ
Attendance. Raja Abdul Ghafoor, Advocate Supreme Court on behalf of Advocate-General, Sindh and Anwar Subhani, A.I.G. Legal.
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Law:
Section:
(a) Juvenile Justice System Ordinance (XXII of 2000)-------Ss. 10 & 12(b)---Penal Code (XLV of 1860), Ss.454/380---Constitution of Pakistan (1973), Arts.10(2) & 184(3)---Detention by police of three minor boys one aged 6 years--Assumption of suo motu jurisdiction by Supreme Court on flashing such news on TV---Release of boys on direction of Supreme Court by Sessions Judge against personal surety bonds---Inquiry report showing two boys having been kept for two days in police lock-up---Police tied feet of one boy with fetters fearing his escape from police station---One boy younger of the two was released by S.P. Investigation while other was taken to Judicial Magistrate for police remand---Held, detention of boys was against the provision of S.10 of Juvenile Justice System Ordinance, 2000---Police Authorities had taken initiative and decided to proceed against responsible Police Officers---Supreme Court directed Police Authorities to complete such proceedings expeditiously and submit its result within specified period for further proceedings, if need be. (b) Juvenile Justice System Ordinance (XXII of 2000)--- ----Ss. 10 & 12(b)---Penal Code (XLV of 1860), Ss.454/380---Constitution of Pakistan (1973), Arts.10(2) & 184(3)---Detention of three minor boys by police---Assumption of suo motu jurisdiction by Supreme Court on flashing such news on TV---Police tied legs of one boy with fetters---No apprehension shown by police in papers about escape of such boy from custody---Boy aged 6 years remained in police custody for two days and his detention being illegal and he being a juvenile was required to be dealt with accordingly---Judicial Magistrate through short order remanded third boy to jail knowing well about his age, while in other detailed order showed to have attempted to hand over his custody to his relatives---Validity---Out of both such orders, one order had been prepared later on by Judicial Magistrate in order to save his skin---Judicial Magistrate had exceeded his jurisdiction as he should not have sent the boy to judicial lock-up noticing that police had kept him in police station without any justification for two days---Duty Magistrates…
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