The Indian Express (Delhi Edition)

Pune Porsche case: HC orders release of minor, says remand order is ‘illegal’

THE BOMBAY High Court Tuesday ordered release of the minor accused in Pune Porsche crash case and allowed a habeas corpus plea seeking the quashing of remand orders sending him to an observatio­n home.

Observing that the custody or remand orders were passed in “absolutely illegal and mechanical manner” and without jurisdicti­on, the High Court said the minor shall be under the supervisio­n of his paternal aunt who shall ensure compliance of directions issued by the Juvenile Justice Board (JJB) to rehabilita­te him. “We allow the habeas corpus and order his release,” the court said.

“The outcry, as a knee-jerk reaction to the accident, resulting into a clarion call of ‘see the accused’s action and not his age’, will have to be overlooked upon assimilati­ng that the Child in Conflict of Law (CCL) is a child under the Juvenile Justice (Care and Protection of Children) Act, 2015 being under 18 years and regardless of his crime, he must receive the same treatment, which every other child in conflict with law is entitled to receive, as the purpose of the Act of 2015 is to ensure that children who come in conflict with law are dealt with separately and not like adults,” the bench observed.

It added, “Though the accident caused by the CCL is the most hapless incident and a demand is made by the prosecutio­n to accuse him of ‘heinous offence’ and try him as adult, which may receive due considerat­ion as per law, we are bound by the scheme formulated by the legislatur­e, for ensuring that all resources are mobilised... for promoting the well-being of children by facilitati­ng their developmen­t and by providing an inclusive...environmen­t, to reduce the vulnerabil­ities they may face, and also the need for interventi­on under this Act.”

In light of this, the court said that it “permitted benefit conferred by the special legislatio­n to be availed by the CCL” and allowed the habeas corpus plea allowing his release from observatio­n home, where he was detained, “despite being released on bail by a validly passed order by the JJB on May 19.”

The HC quashed the impugned orders of May 22 and June 4 passed by the magistrate, JJB, Pune sending the CCL in observatio­n home.

The court clarified that as the “rehabilita­tion and reintegrat­ion of the child in the society is a primary object of the Act of 2015” and because of orders passed beinginano­bservation­home,ifheis referred to a psychologi­st or undergoing therapies with the deaddictio­n centre, same shall be continueda­ndheshallp­articipate insuchsess­ions.thecourtsa­idhe shall continue to remain in his homeoranys­afeplaceas­perconditi­onsimposed­inmay19bai­lorder.the bench said that “though the manner in which the entire situationh­asbeenhand­ledbythe respondent­s including the investigat­ionwing,”itcan“onlyexpres­s dismay...by describing the whole approach as an unfortunat­e incident.” It said the “future course of action to be chartered shall be in accordance with existing provisions of law...” In the early hours of May 19, the juvenile was allegedly driving a Porsche at a very high speed in an inebriated state when the vehicle crashed into a bike, killing two people in Pune.