The Bombay High Court on June 25 ordered immediate release of a 17-year-old teenager from an observation home involved in a recent Porsche vehicle accident in Pune last month.
On May 19, the teen allegedly driving under the influence of alcohol crashed his Porsche into a two-wheeler, killing two techies from Madhya Pradesh.
The Bombay High Court division bench of Justices Bharati Dangre and Manjusha Deshpande overturned the Juvenile Justice Board's (JJB) orders remanding the juvenile to an observation home.
"We grant the petition and mandate his release. The petitioner, a paternal aunt, would be responsible for the care and custody of the CCL (Child in Conflict with Law)," the court declared. The bench stated that the remand orders issued by the JJB were unlawful and issued without authority.
The judge stated that in the "immediate reaction to the accident, the kneejerk reaction, and the public outcry, the CCL's age was not considered. The CCL is under 18 years old. His age must be taken into account.”
It held that regardless of how terrible the offense was, the court had to treat him like any other child in conflict with the law and in accordance with the goals and objectives of the Juvenile Justice Act (JJA).
The High Court declared, "CCLs are to be considered differently. The 17-year-old boy's paternal aunt filed a plea, claiming he was being held unlawfully and appealing for his immediate release.
The plea resulted in the order being granted. In the petition, the child's aunt contended that the police's investigation of the young boy was improper due to political pressure and public outcry, negating the entire goal of the Juvenile Justice (Care and Protection of Children) Act.
"Today we challenged the remands of the juvenile justice board before the high court," said Prashant Patil, the lawyer of the minor accused. "We argued and asked for his immediate release. The release was ordered by the court today. It is necessary to give custody to the paternal aunt."
The minor had been living at an observation home in Pune, Maharashtra. Notably, the teen at the time of the accident was just four months short of 18 years, the minimum age required to legally drive a car.
Earlier, the father of the teenager was taken into custody for breaking the Juvenile Justice (Care and Protection of Children) Act and the Motor Vehicles Act by permitting an unregistered child to drive a vehicle without a license.
The accused's mother was also detained by police, along with Dr. Ajay Taware, the former head of Sassoon Hospital's forensic department; Dr. Shrihari Harnol, the casualty medical officer at the time; and Atul Ghatkamble, a Class IV employee, for allegedly changing the minor's blood sample in exchange for monetary favors.
Furthermore, the teen's grandfather was taken into custody on accusations of abducting and falsely detaining their family driver, forcing him to accept blame for the fatal accident.
The teenager was promptly granted bail by the Juvenile Justice Board, which sparked controversy.
On May 22, after numerous detours, the teenager was finally ordered to be taken into custody and remanded to an observation home.
