MUMBAI: The Bombay high court on Tuesday held the continuation of the teen accused in the Pune Porsche crash case at an observation home as illegal directing his release.
The HC directed that the teen’s custody will be handed to his paternal aunt.
We are bound by law, the aims and objectives of the Juvenile Justice Act, and must treat him as any child in conflict with law (CCL), despite the seriousness of the crime, the court observed.
The court said amid 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 needs to be considered,” the bench said.
“CCLs are to be considered differently,” the court added further.
“We must, however, clarify that this is the rehabilitation and reintegration of the child, which is the primary object of the act and he is already referred to a psychologist and is undergoing therapy with de-addiction centre and he shall continue participating in such sessions,” the HC observed
The decision was made in response to a petition filed by the 17-year-old boy’s paternal aunt, who argued that his detention was unlawful and requested his prompt release.
The teen, allegedly speeding in an intoxicated state in a luxury car in Pune on May 19, collided with a bike, resulting in the deaths of software engineers Aneesh Awadhiya and Ashwini Koshta.
Teen in trauma
“Two people have lost their lives. There was trauma but the child (juvenile in conflict with law) was also in trauma, give him some time,” a bench of justice Bharti Dangre and justice Manjusha Deshpande head observed while hearing a plea against his “illegal detention” following “public pressure” on Friday.
Senior counsel Aabad Ponda, representing the family, argued that the court needs to decide whether a juvenile who is granted bail can be sent to an observation home, citing a specific prohibition in the Juvenile Justice Act against such actions.
The HC directed that the teen’s custody will be handed to his paternal aunt.
We are bound by law, the aims and objectives of the Juvenile Justice Act, and must treat him as any child in conflict with law (CCL), despite the seriousness of the crime, the court observed.
The court said amid 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 needs to be considered,” the bench said.
“CCLs are to be considered differently,” the court added further.
“We must, however, clarify that this is the rehabilitation and reintegration of the child, which is the primary object of the act and he is already referred to a psychologist and is undergoing therapy with de-addiction centre and he shall continue participating in such sessions,” the HC observed
The decision was made in response to a petition filed by the 17-year-old boy’s paternal aunt, who argued that his detention was unlawful and requested his prompt release.
The teen, allegedly speeding in an intoxicated state in a luxury car in Pune on May 19, collided with a bike, resulting in the deaths of software engineers Aneesh Awadhiya and Ashwini Koshta.
Teen in trauma
“Two people have lost their lives. There was trauma but the child (juvenile in conflict with law) was also in trauma, give him some time,” a bench of justice Bharti Dangre and justice Manjusha Deshpande head observed while hearing a plea against his “illegal detention” following “public pressure” on Friday.
Senior counsel Aabad Ponda, representing the family, argued that the court needs to decide whether a juvenile who is granted bail can be sent to an observation home, citing a specific prohibition in the Juvenile Justice Act against such actions.
