The Bombay High Court on Tuesday has ordered that a 17-year-old boy allegedly involved in the Porsche car accident in Pune last month be released immediately from an observation home.
The teenager, accused of driving under the influence and causing the deaths of 2 techies after colliding with their two-wheeler on May 19, had been detained at a Pune observation home.
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What Bench States?
A division bench comprising Justices Bharati Dangre and Manjusha Deshpande overturned the orders of the Juvenile Justice Board that remanded the minor to the observation home.
The court directed, “We allow the petition and order his release. The Child in Conflict with Law (CCL) shall be in the care and custody of the petitioner (paternal aunt).”
The bench criticized the JJB’s remand orders as illegal and lacking jurisdiction. It highlighted that the initial decision to detain the minor lacked consideration for his age amidst the immediate aftermath and public outcry following the accident.
“The CCL is under 18 years old. His age needs to be considered,” remarked the bench, emphasizing the legal obligation to treat juveniles distinctly under the Juvenile Justice Act, despite the seriousness of the offense.
“CCLs are to be considered differently,” the High Court underscored.
More into the case…
The court acknowledged the ongoing rehabilitation efforts and psychological counseling already initiated for the accused, reiterating the primary aim of rehabilitation under the Juvenile Justice framework. The ruling came in response to a plea filed by the boy’s paternal aunt, challenging his unlawful detention and seeking his prompt release.
The fatal accident occurred in the early hours of May 19, leading to the boy being granted bail by the JJB later that same day, under the care of his parents and grandfather.
However, following a police application for an amendment to the bail conditions, the board reversed its decision on May 22, ordering the minor’s custody in an observation home.
In her plea, the boy’s aunt argued that undue public pressure and political considerations had influenced the investigation, compromising the principles of the Juvenile Justice Act.
