State of Kerala vs Subbalak Shmi

Velu Pillai, J.—The delay in preferring this petition has been condoned at the time of admitting it, and this petition comes up before me for final disposal. This arises out of a case in which the Juvenile Court at Kozhikode ordered the detention of the counter-petitioner a minor girl, in the Government Junior Certified School for Girls, Madras Children''s Aid Society, Madras, until she attains 18 years of age. This was ordered under S. 29(1)(e) of the Madras Children Act, 1920 which is in force in Kozhikode. She is being detained in the aforesaid School. The Government of Madras brought to the notice of the Government of Kerala, that the Juvenile Court at Kozhikode has no jurisdiction to order detention in a certified school in the Madras State, and therefore the Public Prosecutor has moved this petition to revise the order of the Juvenile Court to set right the illegality. There is no doubt whatever, that in ordering the detention outside the territorial limits of this State, the Juvenile Court at Kozhikode committed an illegality, and had acted without jurisdiction. All that it had competency to do u/s 29(1)(e) of the Madras Children Act, 1920 was, to order detention in a certified school within the State. The order is therefore set aside. In the circumstances of the case, and in view of the interval of time that has now elapsed. I do not think it necessary to order the detention of the counter-petitioner in a certified school at Kozhikode, but instead, I order that she be released forthwith. In case she is found wandering again and is liable to be proceeded against u/s 29(1)(e), or other provision of the Act, it will be open to the authorities to take appropriate action as may be found necessary. A copy of this order will be sent not only to the President, Juvenile Court at Kozhikode but also to the Chief Secretary to Kerala Government for further action, if any, and also to the Headmaster of the aforesaid school in which she is now detained.