Court finds serious lapses in arrest and remand procedures, directs compliance with Supreme Court guidelines.
In a significant ruling, the Allahabad High Court ordered the immediate release of a juvenile, Durgesh, who was detained in judicial custody without verification of his age. The court found that the arrest and remand orders violated statutory safeguards and Supreme Court directions, particularly those laid down in the case of Satender Kumar Antil v. CBI.
Durgesh, who was accused in an FIR involving offenses with a maximum punishment of five years, was arrested and remanded without due diligence. The court noted that the arresting authority failed to ascertain Durgesh's age, and the remand Magistrate did not apply judicial mind before granting remand, as the orders were passed mechanically on a printed format.
The bench, comprising Justices Rajesh Singh Chauhan and Divesh Chandra Samant, highlighted that the juvenile's age was evident from his transfer certificate, which indicated he was below 17 years at the time of the FIR. The court criticized the authorities for not verifying his juvenility, a crucial statutory safeguard.
The court also pointed out that the remand orders were issued in violation of the Supreme Court's guidelines that require police and judicial officers to avoid remand in cases where the maximum punishment is up to seven years unless there are concrete reasons. The court demanded personal affidavits and explanations from the involved police officers and Magistrates for their lapses.
As an interim measure, the High Court directed Durgesh's immediate release from jail and emphasized the need for adherence to legal and procedural safeguards in handling juvenile cases. The court set a further hearing date to consider the explanations from the opposite parties and decide on any potential disciplinary actions.
The ruling underscores the judiciary's commitment to protecting juveniles and upholding procedural justice, sending a strong message to law enforcement and judicial officers to adhere strictly to established legal protocols.
Bottom Line:
Habeas Corpus Petition - Juvenile accused detained in judicial custody without verifying age - Arrest and remand orders found to be in violation of statutory safeguards and judicial directions issued by the Supreme Court of India - Interim measure directing immediate release of petitioner from jail.
Statutory provision(s):
Bharatiya Nyaya Sanhita Sections 303(2) and 317(2).
Durgesh v. State of U.P., (Allahabad)(DB)(Lucknow) : Law Finder Doc id # 2915304
