Bombay High Court Orders Inquiry Into Functioning Of Juvenile Court After Clerk Allegedly Disobeys HC Orders

The Bombay High Court recently directed the Principal District Judge, Thane to conduct an inquiry into the functioning of Juvenile court in Bhiwandi, Mumbai after a clerk allegedly refused to accept charge sheet in a case despite HC orders.

A division bench of Justice AS Gadkari and Justice Neela Gokhale was dealing with an application filed by a juvenile accused seeking quashing of the FIR.

“Prima facie, it appears to us that the clerk Mr. Sudhir Pawar attached to Juvenile Court at Bhiwandi has blatantly flouted the Orders passed by this Court. He has displayed total disregard for our Orders. It is unfortunate to note that even the Presiding Officer of that Court namely Smt. Seema Ghute is either oblivious to the orders passed by this Court or has feigned deliberate ignorance thereto. We strongly condemn this conduct of Mr. Pawar and find the conduct of the Registry of the said Court disgraceful. It clearly amounts to interference in the smooth administration of criminal justice. It also appears to us that the Presiding Judicial Officer has no control over her Court and, therefore her role also needs to be examined by the Principal District Judge”, the court observed.

The issue arose from an order dated December 12, 2023, where the Investigating Agency was permitted by the court to file a charge sheet upon completing the investigation. The IO attempted to file the charge sheet at the Juvenile Court in Bhiwandi, District Thane, but the clerk, Sudhir Pawar, refused to accept it because the juvenile in conflict with the law was not present. Despite a subsequent court order on April 8, 2024 granting liberty to the IO to filed the charge sheet without the juvenile's presence, the clerk refused to accept the charge sheet from the IO.

On June 11, 2024, the prosecutor informed the court that despite two HC orders, the IO was still being prevented from filing the charge sheet. Consequently, the court directed the concerned police officer to file an affidavit detailing the issue, which was submitted by Suraj Raut, PSI attached to Sanpada Police Station, on June 12, 2024. The court noted that Pawar had flagrantly disobeyed the court's orders and that the Presiding Officer, Seema Ghute, either ignored the orders or was unaware of them.

The court strongly condemned Pawar's conduct, noting that it amounted to interference in the administration of criminal justice. The court also criticized the Presiding Officer's apparent lack of control over her court, suggesting a need for examination by the Principal District Judge.

Before initiating actions under the Contempt of Court Act, 1971, the court deemed it appropriate to order a detailed inquiry by the Principal District Judge, Thane. The Principal District Judge has to consider the affidavit filed by Raut, review the case records pending in the Juvenile Court at Bhiwandi, and submit a report to the High Court.

The court directed the inquiry to be completed within one week from receiving the order, and directed the Principal District Judge, Thane to submit the report by 5:00 p.m. on June 26, 2024.

The court granted the Principal District Judge the authority to suspend Pawar during the inquiry and take any other appropriate legal actions deemed necessary for a swift and thorough investigation.

The court posted the matter to June 26, 2024, for further proceedings.

Case no. – XYZ v. State of Maharashtra & Anr.

Case Title – Criminal Application No. 1115 of 2023

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