Allahabad High Court Orders Release of Juvenile Detained Illegally in Naini Central Jail

Court Directs Trial Court to Determine Age of Accused Under Juvenile Justice Act, 2015

In a significant judgment, the Allahabad High Court has ordered the release of Pawan Kumar, a juvenile held in Naini Central Jail, Prayagraj, on grounds of illegal detention. The court emphasized the overriding provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, which prohibit the detention of juveniles in jail. The Bench comprising Justices Salil Kumar Rai and Sandeep Jain heard the habeas corpus writ petition filed by a social worker on behalf of the juvenile.

The case dates back to April 1, 2017, when Pawan Kumar was implicated in a murder charge under Section 302 of the Indian Penal Code, along with his family members. Despite raising a claim of juvenility during the trial, Pawan Kumar remained in Naini Central Jail for over eight years, violating both the juvenile’s rights and the statutory limit of three years of custody under the Juvenile Justice Act.

The High Court criticized the trial court for not determining the age of the accused as per Section 9(2) of the Juvenile Justice Act, 2015, and mechanically forwarding the matter to the Juvenile Justice Board. The Board’s subsequent order declaring Pawan as a juvenile was deemed without jurisdiction and nullified by the High Court.

The Court underscored the illegality of lodging a juvenile in jail, as outlined in Section 10 of the Juvenile Justice Act, and pointed out that Pawan Kumar’s detention became illegal once his claim of juvenility was raised. The Court further clarified that the trial court is now responsible for determining Pawan Kumar's age at the time of the alleged offense and deciding on his preventive custody if necessary.

The judgment mandates the release of Pawan Kumar from jail and his production before the trial court for age determination. If found to be a juvenile, the case will be transferred to the Juvenile Justice Board for appropriate action. The Court’s directive ensures that juveniles in conflict with the law are treated in accordance with statutory protections, highlighting the importance of proper legal procedures in safeguarding the rights of minors.

Bottom Line:

Habeas Corpus - Detention of a juvenile in jail found to be illegal after claim of juvenility raised during trial - Juvenile Justice Act, 2015 has overriding effect - Court directed the release of juvenile and ordered inquiry into age to be conducted by trial court.

Statutory provision(s): Juvenile Justice (Care and Protection of Children) Act, 2015 - Sections 9(2), 10(1), 12, 18; Article 21 of the Constitution of India.

Pawan Kumar (Corpus) v. State of Uttar Pradesh, (Allahabad)(DB) : Law Finder Doc Id # 2784331