ORDER
1. In this Writ Application relating to detention of children below the age of 16 years this Court has made directions from time to time. On April 15, 1986, the Court expressed its concern about the state of, affairs relating to children under detention and directed:
The District Judges in the country to nominate the Chief Judicial Magistrate or any other Judicial Magistrate to visit the District Jail and Sub-Jail in their districts for the purpose of ascertaining how many children below the age of 16 years are confined in jail, what are the offences in respect of which they are charged, how many of them have been in detention-whether in the same jail or previously in any other jail-before being brought to the jail in question, whether they have been produced before the children’s court and, if so, when and how many times and also directed that ‘each District Judge will give utmost priority to this direction and the Superintendent of each jail in the district will provide full assistance to the District Judge or the Chief Judicial Magistrate or the Judicial Magistrate, in this behalf who will be entitled to inspect the registers of the jail visited by him as also any other document/documents which he may want to inspect and will also interview the children if he finds it necessary to do so for the purpose of gathering the, correct information in case of any doubt. The District Judge, Chief Judicial Magistrate or the Judicial Magistrate, as the case may be; will submit report to this Court within 10 weeks from to-day.
This Court again directed by its order dated August 5, 1986 that:
…every defaulting District Judge who has not yet submitted his report shall unfailingly comply with the direction and furnish the ” report by August 31, 1986, through the High Court and the Regisitrar of every High Court shall ensure that compliance with the present direction is made.
2. Notwithstanding our expression of anguish and concern and the specific directions referred to above, it transpires that there has been ; no compliance from certain quarters. For convenience, we proceed to indicate below the particulars Statewise:
Name of the State Name of the District from where no report has been received. Assam Barpeta Lakhimpur Darrang Kabri-Anglong North Cachar Pragiyotishpur Manipur Bishnupur Chandel Churandarpur Senapati Tamenglang Thoubai Ukhrul Meghalnya East Garo Hills West Garo Hills Jainitia Hills West Khasi Hills Bihar Godda Gumla Khagaria Lotiardagga Medhapura Sahebganj Maharashtra Greater Bombay Gadchiroll Akola Uttar Pradesh Rai Barely Mathura Shahajahanpur
3. Some of the States like, Haryana, Himachal Pradesh, Jammu & Kashmir, Karnataka and Madhya Pradesh have not filed any affidavit though there was a previous direction requiring the States to indicate their stand by filing affidavits.
4. In regard to Sub-Jails, no reports have been received in respect of such jails of 14 districts of Maharashtra. Though this matter was listed on 14.11.1986 for final disposal, an adjournment became imperative in view of the failure of compliance with the directions in the manner indicated above and the matter is adjourned till 2.12.1986. We direct the Registrars of the High Courts of the Slates in which the districts indicated above are located to ensure compliance with the previous directions by 30.11.1986. We hope and trust that special care will be taken to ensure compliance and this Court will not be forced to take any stringent action.
5. The petitioner, has made certain allegations regarding the special schools at Lucknow and Ferozabad. Some allegations have also been made in regard to Amravati Jail. These aspects will be considered on the adjourned date of hearing.
6. We would like to indicate that the Union of India is a respondent and this Court expected that the Social Welfare Ministry would respond to the notice, place its stand before the Court and assist it for a proper disposal of the matter. Similarly, the Court also expects the Central Social welfare Board to participate in the proceedings. There has, however, been no response from these quarters,
7. Call the matter on 2.12.1986 for hearing.