A total of 423 cases are pending against MPs and MLAs in Odisha. While 24 cases were instituted, 17 were disposed of last year, according to reports received from all district and session judges of the state. Khurda figured on top of the list with 86 cases, followed by Sambalpur (53), Ganjam (51), Koraput (48), Sundargarh (41) and Cuttack (36). Cases registered as far back as 1991 are pending in Koraput district.

The reports were submitted while the high court was hearing the suo motu case “In Re-designated courts for MPs/MLAs” registered by it on December 11 last year in pursuance of a Supreme Court direction. It had then asked the district and sessions judges to furnish statement showing institution, disposal and pendency of such cases.

The division bench of acting Chief Justice B R Sarangi and Justice M S Raman posted further monitoring of the matter to two weeks later.

According to the Supreme Court direction, the bench expected designated courts to give priority to the criminal cases against MPs and MLAs punishable with death or life imprisonment, then to the cases punishable with imprisonment for five years or more and then hear all other cases and not to adjourn the cases except for rare and compelling reasons.

The juvenile justice is an area where activism is required to be spear-headed with all earnestness as future of the society is factored by how the young people are treated by the society and Juvenile Justice cannot be narrowed in how children-in-conflict with law are dealt with, said the Chief Justice.

Speaking on the occasion, Justice Sangam Kumar Sahoo, the Editor In-Chief of the newsletter, said the children are considered to be gifts from God, they are like buds in a garden and to be carefully and lovingly nurtured and preserved and all of us particularly the parents, guardians, teachers and society as a whole have a duty and responsibility to see that these greatest personal as well as national assets should be allowed and provided opportunity to grow up in a healthy socio-cultural environment so that they could become responsible citizens, physically fit, mentally alert and morally healthy.

He said it is also the duty of the State to provide equal opportunities for development to all children during the period of their growth which would reduce inequality and ensure social justice. Justice Sahoo commended the State Government of Odisha for taking steps in that respect. He emphasized on alterative measures other than detaining children and said that detention wastes both their childhood and valuable public resources that could be put to better use. He stressed upon the need of the social welfare and justice systems working together in developing alternative programmes to prevent the detention of children.

He also emphasized on regular school attendance and vocational skills training of children and their participation in life skills programmes and competency development programmes like responsible decision making, communication skills, problem solving, anger management as well as participation in constructive leisure time, regular attendance of prayers/religious ceremonies, and individual or group counselling of the children with or without parents/guardians/family members.

The newsletter was being published regularly by the Juvenile Justice Committee of High Court till 2019 but it was discontinued during Covid-19 pandemic. Now its publication has been resumed with release of the latest issue. There are plans to enrich the contents and to incorporate new features and columns in the journal, unique research based findings and breakthroughs in the fields.

There are also plans to change the outlook of the journal by designing a new front and back cover of the newsletter and provide a platform for creative photography, paintings and other activities of children who are lodged in different Children’s Home, Specialized Adoption Agencies, Open Shelters, Observation Homes, Special Homes throughout the State.

Among others, Commissioner of Women & Child Development Subha Sharma, Director of ICDS Lingaraj Panda, UNICEF Field Officer, Odisha Manna Biswas, Judicial Officers of the State, Member Secretary and Officers, OSLSA, Director and Officers of Odisha Judicial Academy were present.

Speaking on the occasion virtually, the Chief Justice flagged the issue of care and justice to children in conflict with law. He deprecated the practice of interrogation in cases involving children in conflict with law and said instead of interrogation, the investigating agencies should have conversation with the children.

The Chief Justice urged the Judicial Officers and the functionaries under the Juvenile Justice Legislature to be sensitive in dealing with the children. He emphasized on the need of homely environment for the children in conflict with law instead of custodial measures.

Delivering the welcome address, Judge of Orissa High Court and Chairperson of Juvenile Justice Committee Justice Debabrata Dash said such deliberations would lead to effective solutions for children in conflict with law and in need of care and protection. He emphasized on prompt response to the problems involving children and highlighted the importance of pro-activeness of all the stakeholders.

Chief of Field Office for Odisha, UNICEF, Mr. William Hanlon Jr emphasized on the need of diversion from traditional methods and discussed on prevention, non-custodial alternatives, rehabilitation and restorative practices and right of children to fair trial. He stressed upon the need of counseling and psycho-social support to the deprived children and said UNICEF is committed to the cause of child care, he said.

Keshav Kumar, IPS (Retd.) shared his experience as a police officer in cases involving children in conflict with law. Chairperson of Odisha State Commission for Protection of Child Rights Mandakinee Kar informed the role of State Commission in effective implementation of the Juvenile Justice Legislation.

Member, Juvenile Justice Committee, High Court of Orissa Justice Sangam Kumar Sahoo said, “We need to nurture the children for a better society.”

The Consultation was attended by the Principal Magistrates of Juvenile Justice Boards (JJBs), Secretaries of District Legal Services Authorities, representatives of SJPUs, the DCPOs and Superintendents of Observation Homes, OSCPS, representatives of W & CD and UNICEF, NGOs and members from Civil Society Organizations also attended the consultation.

The first technical session was chaired by Justice Savitri Ratho, Judge, High Court of Orissa & Member, Juvenile Justice Committee, High Court of Orissa. Mr. Manna Biswas, Child Protection Specialist discussed on the facts leading the children to come in conflict with law and the importance of prevention and intervention reducing recidivism among children.

Smt. Shyni S, I.G.P (Training), Biju Patnaik State Police Academy, Odisha spoke about the collective approaches to prevention of crimes and the role of training institutions and academies for the duty bearers. Mr. Lingraj Panda, Director, ICDS, Department of W & CD, Government of Odisha shared the experience in Odisha in preventing children from coming in conflict with law and the recent initiatives taken in the direction and also reflected on the challenges.

The second technical session was chaired by Justice Sangam Kumar Sahoo, Judge, High Court of Orissa & Member, Juvenile Justice Committee, High Court of Orissa. Ms. Nimisha Srivastava, Country Director, Counsel to Secure Justice discussed on the current initiatives in dealing with the issues relating to juveniles. Mr. Shefeen Ahamed K, IG of Police, CID-CB, Odisha, Cuttack reflected on the possible alternatives to detention of juveniles in conflict with law.

The third technical session chaired by Justice Murahari Sri Raman, Judge, High Court of Orissa & Member, Juvenile Justice Committee, High Court of Orissa. Dr. Kalpana Purushothaman, Adjunct Prof. at IIPR & Member, JJB, Bangalore discussed on the need of child friendly JJBs and their role in rehabilitation and prevention programmes. Mr. Keshav Kumar, IPS (Retd.) discussed on the methods of investigation with regard to children, the ideal manner of interaction with them and use of scientific tools in investigation. Mr. Sudipta Acharya, Member Secretary, OSLSA informed about the legal-aid provisions for childrens in conflict with law in Odisha and shared the experiences and challenges.

The fourth technical session chaired by Justice Murahari Sri Raman, Judge, High Court of Orissa & Member, Juvenile Justice Committee, High Court of Orissa. Dr. Kalpana Purushothaman, Adjunct Prof. at IIPR & Member, JJB, Bangalore and Mr. Shyam Sundar Dash, Director, Public Prosecutions discussed on the legal provisions regarding minimum age of criminal responsibility and spoke about preliminary assessment regarding age of criminal majority provided under the statute.

The fifth technical session chaired by Mr. Manna Biswas, Child Protection Specialist. Ms. Nimisha Srivastava, Country Director, Counsel to Secure Justice reflected on the rehabilitation and restorative practices in various parts of the world. Ms. Sachi Maniar, Ashiyana Foundation shared the experience of her NGO and other child care institutions in dealing with rehabilitation and restoration. Mr. Lingraj Panda, Director, ICDS, Department of W & CD, Government of Odisha shared the experience in Odisha in rehabilitation of children in conflicts with law and also reflects the challenges and the way forward.

It was jointly organized by Women and Child Development Department and UNICEF under the aegis of Orissa High Court.

According to reports, the Collegium recommended the appointment of advocate Sibo Sankar Mishra and judicial officer Ananda Chandra Behera as judges in Orissa High Court.

In its resolution published on the Supreme Court website, the Collegium noted that government gave good inputs on personal and professional side for both the candidates.

With respect to advocate Mishra, the resolution noted that he has a standing of 30 years at the Bar and is an advocate-on-record in Supreme Court for the Odisha government.

Mishra is specialised in civil, criminal and service law. He is an Advocate-on-record for Odisha in the Supreme Court and is counsel for the Union of India and High Court of Orissa in the Supreme Court. He has a sizeable practice at the Bar which is reflected in his average professional income.

Ananda Chandra Behera has served as a judicial officer in various capacities in Odisha.