The Kerala High Court didn’t mince words Friday as it reprimanded the State government for a now-familiar habit: dropping bulky affidavits on the court table at the exact moment a case is called up. The Bench, led by Chief Justice Nitin Jamdar and Justice Basant Balaji, made it clear—this ends now.
The matter before the court was part of a long-running judicial review tied to the welfare of children, originally sparked by the Supreme Court’s 2018 decision in Sampurna Behura v. Union of India. One petition had been filed by the well-known child rights group Bachpan Bachao Andolan; another was initiated by the court itself. Since then, the High Court has kept the matter alive with regular hearings to monitor compliance with the law.
On May 30, Bachpan Bachao Andolan flagged unresolved issues—irregularities in Child Care Institutions, Juvenile Justice Boards lacking proper constitution and sittings, and the delay in amending the Juvenile Justice Model Rules.
The Court had given the State a clear directive: file an affidavit in response before the next hearing. That hearing came. The affidavit didn’t—until the very moment the matter was called.
Visibly exasperated, Chief Justice Jamdar pointed to the sheer volume of material and the near impossibility of giving it due consideration in real time. “This is taxing,” he noted, highlighting that the Court isn’t a last-minute reading room.
In a sharply worded order, the judges signaled the end of tolerance. The State has now been formally warned: if this delay tactic continues, costs will be imposed—directly recoverable from the responsible officer.
The hearing has been pushed to June 19, with strict instructions: file the affidavit early, and make sure it reaches all parties in advance.
The Court’s patience may be running out. The message to the State is unmistakable—come prepared, or pay the price.
