look news india
Mumbai: The Bombay High Court has given a major relief to the minor involved in the Pune Porsche car accident that claimed the lives of two IT professionals. The High Court has directed that the Pune Police should immediately release him from the custody of the juvenile home, observing that his re-detention by the Pune Police after his bail is illegal. The court accepted the habeas corpus petition filed by the minor Pooja Jain. The court has directed to hand over the custody to the minor's father. The verdict was passed by a bench of Smt. Bharti Dangre and N.Y. Manjusha Deshpande.
The minor involved in the case is below 18 years of age and his age must be considered. Courts are bound by the law and despite the gravity of the crime, they must treat them differently from adults to maintain the purpose of the Juvenile Justice Act. The accused is already undergoing rehabilitation and psychiatric treatment and will continue to do so.
The Juvenile Justice Board passed orders on 22 May, 5 June and 12 June that the detention of the minor is illegal and the order is cancelled. Therefore, the minor should be released immediately and his custody should be given to the police. No comment was made on the police in the order
Last month, the minor's lawyer had filed an application seeking his immediate release claiming that he was illegally detained even after getting bail. The court had said in the last hearing that there is no dispute that the accident was unfortunate. Two people lost their lives and it is a shocking incident but the minor is also in shock. Under which law was the order to grant bail to the minor amended and how was it decided? The court asked this question to the police.
Hearing arguments on the petition, the court said the police have not yet moved an application in the high court to cancel the bail granted on the order of the juvenile justice board. Instead, an application has been made to modify the bail order, the high court said, adding, based on this application, the bail order has been modified and the minor has been taken into custody and kept in an observation home.
What kind of remand is this? What is the power to remand? The court asked what is the procedure by which he was remanded and taken into custody after being granted bail.
Earlier, the minor's lawyer had argued that the minor's fundamental rights have been violated. By detaining him while the bail order is in force, his personal liberty has been encroached upon, thus there is no provision in the law to review the bail order. You cannot turn the clock's hands back. When there is no such seriousness in MCOCA and anti-terrorism law, then how can it happen in the case of a minor.
