{"id":147,"date":"2016-12-12T11:24:19","date_gmt":"2016-12-12T11:24:19","guid":{"rendered":"http:\/\/tibetanlegalassociation.org\/en\/?p=147"},"modified":"2017-04-30T04:46:02","modified_gmt":"2017-04-30T04:46:02","slug":"tla-advocate-presents-a-case-before-juvenile-justice","status":"publish","type":"post","link":"https:\/\/tibetanlegalassociation.org\/en\/tla-advocate-presents-a-case-before-juvenile-justice\/","title":{"rendered":"TLA Lawyer presents a case before Juvenile Justice"},"content":{"rendered":"

\"unnamedTIBETAN LEGAL ASSOCIATION (TLA) \u00a0started its working office \u00a0on 1st march 2016 at Dharamsala and so far, as many as \u00a090 clients(including foreigner) \u00a0were served\u00a0. These services include giving legal opinions & advice, drafting of affidavits and pleadings of the cases, problems related to Identity Certificate (IC), Registration Certificate (RC) and Passport,appearance before the Police Station, Judicial Magistrates, \u00a0representation before the Tibetan authorities like Justice Commission, Settlement Officers, making documents- affidavits, drafting of the cases and wills, assisting in the visa process \/immigration documentation & translations, Identity Certificate (IC) , and matters like change of name and date of birth in RC, registration of marriage and divorces, registration of shops, Application for registration of Trademarks, etc All these services are rendered free of cost thus far.<\/p>\n

On 7.12.2016, \u00a0TLA lawyer Ms. Namgyal \u00a0Tsekey \u00a0made a second trip to Dehradun \u00a0to represent a Tibetan Juvenile in RC case before the Juvenile Justice Board, Dehradun.<\/p>\n

The fact of the case :<\/strong> \u00a0 \u00a0 A \u00a0 \u00a0 Tibetan school student was charged for using a\u00a0 forged Birth certificate as real while applying for new Registration Certificate under Foreigners act . The Juvenile was\u00a0 charge \u00a0for \u00a0violation of Section 420\/466\/468\/471 IPC and section 14 of Foreigners Act . The juvenile was detained for 45 days at Child remand home and was released on bail. The juvenile approached TLA office on 29.9.2016 after having approached the CTA authorities. \u00a0 O\u00a08.12.2016, \u00a0TLA Lawyer Ms. Namgyal Tsekey was permitted to present \u00a0the case \u00a0after verification of \u00a0her bar enrollment number . \u00a0\u00a0She \u00a0is bar certified Advocate with LL.M degree from University of Mysore and Master\u00a0in International law and Human Rights from American University , USA. She is a former Local Justice Commissioner and Legal counsel\/adviser of Tibetan Supreme Justice Commission. \u00a0 She is currently a standing Senior lawyer and Board Member\u00a0of TLA .<\/p>\n

\"cropped-logo.png\"\u00a0TLA lawyer \u00a0drafted a \u00a015 page petition \u00a0and with the consent of the advocate on record, Mr. KS Khanduri, \u00a0made presentation of the petition on 8.12.2016 to the Court. She \u00a0was able to introduce and explain the concept of RC and its implication for Tibetan refugee vis a vis the Foreigners Act. \u00a0 She \u00a0got the opportunity to \u00a0argue and appraise the court of the reasons why the Court should grant stay order and of the consequences that would befall \u00a0in absence of stay order.\u00a0 it is prayed to \u00a0the Court to issue a stay order for the petitioner \u00a0to complete his study in India and permit him to stay in India as Tibetan refugee by quoting various international human rights instrument such as Convention against Torture , \u00a0the principle of non refoulment as embodied Bangkok Principle and in article 33 (1) of the United Nations Convention on the status of refugees, \u00a0which is implicit in \u00a0Article 21 of Indian Constitution as reiterated and upheld in the various Judgements of the Supreme Court such as Ktaer Abbas Habib AL Qutaifi and other vs Union of India and Others,(1996)\u00a0 and National Human Rights Commission vs\u00a0 State of Arunachal Pradesh (1996). The \u00a0judgements of the District Courts of Dharamsala and High Court of HP in similar\u00a0 RC cases was also cited to seek a favourable order. \u00a0 The petition specifically prayed \u00a0that the Honorable Court to issue direction to the Concerned state of Dehradun through FRO, to consider the case sympathetically on the basis of supreme Court decisions and process the\u00a0 issuing of RC at the earliest and also accept the school certificate as proof of date of birth in absence of the birth certificate. \u00a0\u00a0Further, the petition quoted section 3 of Juvenile Justice Act\u00a0 Rule 79(4) read with section 82\/83 of<\/em> IPC.<\/em> Section 3 of the JJ Act \u00a0 is based on the \u00a0Principle of presumption of innocence: Any child shall be presumed to be an innocent of any mala fide or criminal intent up to the age of eighteen years<\/em><\/strong>\u00a0 \u00a0 \u00a0 and \u00a0Section 82 \u00a0of IPC says nothing is an offence which is done by a child under seven years of age \u00a0\u00a0\u00a0\u00a0\u00a0 and \u00a0\u00a0\u00a0 Section 83 says nothing is an offence which is done by a child \u00a0\u00a0\u00a0 above seven years of \u00a0 age \u00a0 and under twelve, who has not attained sufficient \u00a0maturity of understanding to judge of \u00a0\u00a0\u00a0\u00a0 the nature and consequences of his conduct on that occasion. \u00a0 \u00a0<\/em><\/p>\n

During the oral presentation of the Petition,\u00a0<\/em>\u00a0 Judge said that this is a policy matter, to which we \u00a0 answered that it is a matter f Policy and \u00a0law both as many courts have issued directions to the \u00a0 Government to \u00a0consider the issue on humanitarian grounds. \u00a0The Dharasmala court has even \u00a0reprimanded the policy \u00a0for misusing the discretionary power as reported \u00a0in the attached \u00a0Report of Tibet Justice Center. \u00a0The Judge said he will look int to petition as there is no urgency on this RC matter right now. \u00a0The \u00a0next date is given \u00a0as 3.1.2017.<\/p>\n

On the same day,\u00a0Ms Namgyal Tsekey and Advocate K S Khanduri, met the officer in Charge of the FRO( Tibetan section)\u00a0 and the updated the proceedings as required . \u00a0 \u00a0The\u00a0 concerned official at FRO said that since the matter is already in the court, they will not take any initiative for processing the application for new \u00a0RC\u00a0 without the specific order of the Court. Therefore, TLA Lawyer drafted another petition to the court to issue specific Order to processing the making of RC at the earliest.<\/p>\n

TLA’s \u00a0legal service is not only free, \u00a0the travel \u00a0expenses of this particular trip to Dehradun \u00a0( Rs 2500 for up & down)was also \u00a0borne by Ms Namgyal Tsekey herself.<\/p>\n

 <\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

TIBETAN LEGAL ASSOCIATION (TLA) \u00a0started its working office \u00a0on 1st march 2016 at Dharamsala and so far, as many as \u00a090 clients(including foreigner) \u00a0were served\u00a0. These services include giving legal opinions & advice, drafting of affidavits and pleadings of the cases, problems related to Identity Certificate (IC), Registration Certificate (RC) and Passport,appearance before the Police\u2026 Read More »<\/a><\/span><\/p>\n","protected":false},"author":1,"featured_media":222,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[14],"class_list":["post-147","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news","tag-tla-advocate-presents-a-case-before-juvenile-justice"],"_links":{"self":[{"href":"https:\/\/tibetanlegalassociation.org\/en\/wp-json\/wp\/v2\/posts\/147","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/tibetanlegalassociation.org\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/tibetanlegalassociation.org\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/tibetanlegalassociation.org\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/tibetanlegalassociation.org\/en\/wp-json\/wp\/v2\/comments?post=147"}],"version-history":[{"count":17,"href":"https:\/\/tibetanlegalassociation.org\/en\/wp-json\/wp\/v2\/posts\/147\/revisions"}],"predecessor-version":[{"id":616,"href":"https:\/\/tibetanlegalassociation.org\/en\/wp-json\/wp\/v2\/posts\/147\/revisions\/616"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/tibetanlegalassociation.org\/en\/wp-json\/wp\/v2\/media\/222"}],"wp:attachment":[{"href":"https:\/\/tibetanlegalassociation.org\/en\/wp-json\/wp\/v2\/media?parent=147"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/tibetanlegalassociation.org\/en\/wp-json\/wp\/v2\/categories?post=147"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/tibetanlegalassociation.org\/en\/wp-json\/wp\/v2\/tags?post=147"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}