High Court

MUMBAI: A minor involved in a car accident in Pune has been granted bail, but if he is taken into custody and kept in an observation home, will it be called detention? asked the Bombay High Court on Friday. A bench of Justice Dangre and Justice Deshpande said there was no dispute that the accident was unfortunate. “Two people lost their lives and it is a shocking incident but the minor has also suffered trauma,” the court said.

Under which act was the order to grant bail to a minor amended and how was it decided? The court asked this question to the police.

Last month, the minor's family had filed a petition seeking his immediate release, claiming that he was illegally detained.

The court, while hearing arguments on the petition, said the police have not yet moved an application in the high court to cancel the bail granted by 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.

The minor has been kept in the observation home under the supervision of his family. This is the person who was granted bail and is now being kept in the observation home. The High Court said, we want to know what powers you have.

The Juvenile Justice Board is also expected to work responsibly. Why did the police not file an application to cancel the bail? The court said that the order on the application will be given on June 25. The government lawyer argued that the remand order passed by the board is correct and no interference is required in it.

On May 19, the board passed the order rightly or wrongly and the blood sample was tampered with. Action should be taken against the guilty officers and doctors and a strong message should be sent to the society. The government lawyer said, an essay of only 300 words is not enough.

The minor's lawyer 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 infringed, thus there is no provision in the law to review the bail order. You cannot turn the clock back. When there is no such seriousness in MCOCA and anti-terrorism law, how can it happen in the case of a minor. The minor is currently in the remand home till June 25.