Mumbai: The Bombay High Court on Tuesday ordered that a 17-year-old boy allegedly involved in the Porsche car accident in Pune last month be immediately released from an observation centre.
The teenager, who police said was drunk and driving the luxury car when he crashed into a two-wheeler in the early hours of May 19, killing two technicians, was lodged in an observation house in Pune city, Maharashtra.
A division bench comprising Justices Bharati Dangre and Manjusha Deshpande set aside the orders issued by the Juvenile Justice Board (JJB) returning the minor to the observation home.
"We accept the petition and order his release. The CCL (Child in Conflict with Law) will be placed under the care and custody of the petitioner (paternal aunt)," the court said.
The court noted that the JJB remand orders were illegal and were passed without jurisdiction.
The court said that amid the "immediate reaction to the accident, the knee-jerk reaction and the public outcry, the age of the CCL was not taken into account."
"The CCL is under 18 years of age. His age must be taken into account," the court said.
He said the court was bound by the law, the aims and objectives of the Youth Justice Act and should treat him like any child in conflict with the law, separately from an adult, despite the seriousness of the offence.
"CCLs must be considered differently," the HC stated.
The court said that the defendant is already in rehabilitation, which is the primary objective, and has already been referred to a psychologist and will continue to do so.
The order was approved in a declaration filed by the 17-year-old's paternal aunt, who claimed that he was illegally detained and requested his immediate release.
The accident took place in the early morning of May 19. On the same day, the JJB granted the boy bail and ordered him to be under the care and supervision of his parents and his grandfather.
Subsequently, the police filed an application with the JJB seeking modification of the bail order.
On May 22, the board ordered that the boy be detained and sent to an observation center.
The boy's aunt stated in the statement that due to public uproar along with political agenda, the police deviated from the correct course of investigation regarding the minor, thereby defeating the entire purpose of Juvenile Justice (Care and Protection of Children). . Act.
The teenager, who police said was drunk and driving the luxury car when he crashed into a two-wheeler in the early hours of May 19, killing two technicians, was lodged in an observation house in Pune city, Maharashtra.
A division bench comprising Justices Bharati Dangre and Manjusha Deshpande set aside the orders issued by the Juvenile Justice Board (JJB) returning the minor to the observation home.
"We accept the petition and order his release. The CCL (Child in Conflict with Law) will be placed under the care and custody of the petitioner (paternal aunt)," the court said.
The court noted that the JJB remand orders were illegal and were passed without jurisdiction.
The court said that amid the "immediate reaction to the accident, the knee-jerk reaction and the public outcry, the age of the CCL was not taken into account."
"The CCL is under 18 years of age. His age must be taken into account," the court said.
He said the court was bound by the law, the aims and objectives of the Youth Justice Act and should treat him like any child in conflict with the law, separately from an adult, despite the seriousness of the offence.
"CCLs must be considered differently," the HC stated.
The court said that the defendant is already in rehabilitation, which is the primary objective, and has already been referred to a psychologist and will continue to do so.
The order was approved in a declaration filed by the 17-year-old's paternal aunt, who claimed that he was illegally detained and requested his immediate release.
The accident took place in the early morning of May 19. On the same day, the JJB granted the boy bail and ordered him to be under the care and supervision of his parents and his grandfather.
Subsequently, the police filed an application with the JJB seeking modification of the bail order.
On May 22, the board ordered that the boy be detained and sent to an observation center.
The boy's aunt stated in the statement that due to public uproar along with political agenda, the police deviated from the correct course of investigation regarding the minor, thereby defeating the entire purpose of Juvenile Justice (Care and Protection of Children). . Act.
