Cases Marked To Court Lacking Jurisdiction Must Be Returned To Principal District Judge For Fresh Allocation: Delhi High Court

The Delhi High Court has ordered that if any case is wrongly marked to a Court lacking jurisdiction before the trial courts, the file must be returned to the concerned Principal District & Sessions Judge for its fresh allocation.

Justice Swarana Kanta Sharma directed the Principal District & Sessions Judges of all districts in the national capital to issue an administrative circular in that regard.

“….. this Court directs that the learned Principal District & Sessions Judges of all districts in Delhi, including the District Judge (Headquarters), shall issue an administrative circular directing that if any matter is inadvertently marked to a Court lacking jurisdiction, the concerned Judicial Officer shall immediately return the file to the Principal District & Sessions Judge for its allocation to the competent Court,” the Court said.

Justice Sharma was dealing with a man's plea challenging an order passed by the trial court under Juvenile Justice Act on the ground that the order was rendered by a Court not vested with the jurisdiction to decide the same.

The Court noted that the appeal before the Sessions Judge concerned the issue of whether the child in conflict with law, the petitioner, was to be tried as an adult.

It said that it was not in dispute that Children's Courts have been duly notified in Delhi for adjudicating cases pertaining to offences against children or violation of child rights.

“In view of the statutory scheme and the notifications issued in view thereof, it is evident that the Court of Additional Sessions Judge–02, North-East District, Karkardooma Courts, Delhi, was not vested with jurisdiction to hear and decide appeals under Section 101 of the JJ Act, which lie exclusively to the Children's Court,” the Court said.

It further noted that the petitioner, who had been declared a juvenile by the JJ Board, was directed by the impugned judgment to be tried as an adult on an appeal filed by the father of the deceased.

“Thus, the order adverse to the petitioner emanated from a Court which was not competent to adjudicate such appeal,” the judge added.

Justice Sharma then observed that even if the case was inadvertently marked to the concerned Sessions Judge due to an administrative or clerical oversight, the Presiding Officer ought to have returned the file to the learned Principal District and Sessions Judge for being placed before the competent Children‟s Court.

“In view of above, the present petition alongwith pending applications, if any, stands disposed of. A copy of this order be circulated among the Principal District & Sessions Judges of all districts in Delhi, for necessary information and compliance,” the Court ordered.

Title: X v. STATE (GOVT. OF NCT OF DELHI) & ANR

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