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The Bombay High Court on Tuesday ordered the immediate release of a 17-year-old boy, allegedly involved in the Porsche car accident in Pune last month, from an observation home in Pune. The juvenile accused will step out of the remand home on Wednesday (June 26), and will be put under the “care and custody” of his paternal aunt.
A division bench of Justices Bharati Dangre and Manjusha Deshpande quashed the orders issued by the Juvenile Justice Board (JJB) remanding the minor to the observation home. “We allow the petition and order his release. The CCL (Child in Conflict with Law) shall be in the care and custody of the petitioner (paternal aunt),” the court said.
The teenager, who the police claim was drunk, was allegedly driving the luxury car when it hit a two-wheeler in the early hours of May 19 killing two techies, Aneesh Awadhiya and Ashwini Koshta. His father, Vishal Agrawal, and mother Shivani Agarwal were arrested for their suspected involvement in swapping his blood samples in connection with the case.
The bench noted that the JJB’s remand orders were illegal and passed without jurisdiction. 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.
It said the court was bound by law, the aims and objectives of the Juvenile Justice Act and must treat him as any child in conflict with law separately from adult, despite the seriousness of the crime. “CCLs are to be considered differently,” the HC said, adding that the accused is already under rehabilitation, which is the primary objective, and is already referred to a psychologist and the same shall be continued.
The order was passed in a plea filed by the boy’s paternal aunt, who claimed he was illegally detained and sought his immediate release. She stated that because of the public uproar coupled with political agenda, the police deviated from the right course of investigation with regard to the minor boy, thus defeating the entire purpose of the Juvenile Justice (Care and Protection of Children) Act.
This comes days after the Pune police submitted the final report to the JJB, detailing all the evidence against teenager.
(With PTI inputs)
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