AHMAD ALI vs THE STATE
This petition was filed seeking a direction that the trial of a minor accused, Javed Iqbal, in case F.I.R. No.21 of 1998 registered at Police Station Chuchak, District Okara, be conducted by the Sessions Judge as a Juvenile Court constituted under the Juvenile Justice System Ordinance, 2000, while his co-accused be tried by the Additional Sessions Judge. The core legal question involved the procedure for the trial of a juvenile offender alongside adult co-accused and the determination of age under the law. The Lahore High Court held that the case of the minor accused shall be tried by the Sessions Judge acting as a Juvenile Court, subject to the determination of his age through a Medical Board as provided under Section 7 of the Juvenile Justice System Ordinance, 2000, while the co-accused shall continue to be tried by the Additional Sessions Judge. The key principle laid down is that a juvenile accused must be tried by a designated Juvenile Court following a proper medical inquiry for age determination, separately from adult co-accused where appropriate.
- Whether a minor accused is required to be tried by the Sessions Judge as a Juvenile Court under the Juvenile Justice System Ordinance, 2000?
- How is the age of a child to be determined for the purposes of the Juvenile Justice System Ordinance, 2000?
- Should the trial of a juvenile accused be conducted separately from adult co-accused before a Juvenile Court?
- Section 7, Juvenile Justice System Ordinance 2000
ORDER
Through this petition, it has been prayed that Javed Iqbal, accused in case F.I.R. No.21 of 1998 registered with Police Station Chuchak, District Okara being minor at the time of occurrence, his trial shall be conducted by the Sessions Judge of the District as a Juvenile Court constituted under the Juvenile Justice System Ordinance, 2000 while his co--accused shall be tried by learned Additional Sessions Judge to whom the case has been entrusted.
2. Section 7 of Juvenile Justice System Ordinance, 2000 (Ordinance No.XXIII of 2000) provides as under:-- "7. Determination of age.---If a question arises as to whether a person before it is child for the purposes of this Ordinance, the Juvenile Court shall record a finding after such inquiry which shall include a medical report for determination of the age of the child, "
3. As to the contention TOM the case of a minor accused shall be tried by Sessions Judge of the District as a Juvenile Court, learned Additional Advocate-General has no cavil rather he concedes the legal position.
4. In these circumstances, I direct the learned Sessions Judge, Okara to get the age of Javed Iqbal, accused determined from a Medical Board A constituted through the good office of Medical Superintendent, D.H.Q, Okara. If, according to the report of the Medical Board, the accused Javed Iqbal is found to be minor at the time of occurrence then his case shall be tried by learned Sessions Judge, Okara as a Juvenile Court while the case of his co-accused shall be decided by the learned Additional Sessions Judge where the trial is pending.
With the above observations, this petition is disposed of.
Cited by 1 case
- MUHAMMAD NAEEM Versus THE STATE 2003 YLR 321