HC grants Govt 4 weeks for status report

Srinagar, Aug 20: The High Court of J&K and Ladakh has granted four more weeks to the government to file a report indicating the status of the progress of the constitution of the Commission for Protection of Child Rights in Jammu and Kashmir.

A division bench of Chief Justice (Acting) Tashi Rabstan and Justice Moksha Khajuria Kazmi granted the time after it went through the government’s status report which indicated that the commission could not be constituted due to an insufficient number of eligible applicants for the post of chairperson and its members.

The status report divulged that the committee constituted for the purpose, convened two meetings on August 2 and 8 last year and upon scrutinising the applications received the panel shortlisted three candidates for the post of chairperson and members of the commission. The report disclosed that due to an insufficient number of eligible applicants, the commission could not be constituted due to the lack of eligibility criteria mentioned in the rules.

Moreover, the report underscored that the panel after thorough deliberations recommended a change in the eligibility criteria as well as the process for the appointment to these posts to the competent authority, for which, it said, the “approval is awaited”.

In response to the submission by the counsel representing the government, the court eventually granted four more weeks to the government to place on record the steps taken for the constitution of the commission.

On July 24 this year, the court granted the government two weeks to file the status report and in case of failure, the Chief Secretary was directed to be present personally.

The bench was hearing a Public Interest Litigation (PIL) seeking the court’s intervention in the appointment of the members of the commission.

The commission is set up in keeping with the Protection of Children from Sexual Offences Act (POCSO) Act, read with the Protection of Child Rights Act, and would have the power to inquire into the complaints and take suo moto notice of matters relating to deprivation and violation of child rights.