The Bombay High Court on Tuesday ordered the immediate release of a 17-year-old boy from an observation home, following his involvement in a recent Porsche car accident in Pune.
The teenager, accused of driving under the influence when the luxury vehicle collided with a two-wheeler on May 19, resulting in the deaths of two tech professionals, had been detained at an observation home in Pune, Maharashtra.
A division bench comprising Justices Bharati Dangre and Manjusha Deshpande annulled the Juvenile Justice Board’s (JJB) orders, which had previously remanded the minor to the observation home.
“We approve the petition and order his release. The Child in Conflict with Law (CCL) will be placed in the care and custody of the petitioner, who is the paternal aunt,” the court stated.
The bench observed that the JJB’s remand orders were unlawful and issued without proper jurisdiction.
In its ruling, the court noted that amid the immediate and intense reactions to the accident, coupled with public outrage, the minor’s age had not been adequately considered.
“The CCL is a minor, under 18 years old, and his age must be taken into account,” the bench emphasized.
The court highlighted its obligation to adhere to the Juvenile Justice Act’s principles and objectives, which necessitate treating minors in conflict with the law differently from adults, regardless of the crime’s severity.
“Children in Conflict with Law are to be treated differently,” stated the High Court.
The court also mentioned that the minor is already undergoing rehabilitation, which is the primary goal, and should continue to receive psychological support.
The order responded to a plea by the 17-year-old’s paternal aunt, who argued that his detention was unlawful and called for his immediate release.
The accident occurred in the early hours of May 19, and the boy was initially granted bail by the JJB on the same day, with the stipulation that he remain under the care and supervision of his parents and grandfather.
However, the police later sought to amend the bail order, and on May 22, the board ordered the boy’s custody and remanded him to an observation home.
The aunt’s plea contended that public and political pressure had influenced the police to deviate from a proper investigation concerning the minor, undermining the Juvenile Justice (Care and Protection of Children) Act’s intent.