The Delhi High Court on Monday directed the Delhi Police to produce the alleged minor, who was detained in connection with the Jahangirpuri Hanuman Jayanti violence, before the Juvenile Justice Board (JJB).
The division bench comprising Justice Siddarth Mridul and Justice Rajnish Bhatnagar disposed off the habeas corpus plea filed by the sister-in-law of the alleged juvenile stating that "it shall be open to parties to raise all the legal and factual issues before the court of competent jurisdiction in accordance with the law."
The petitioner moved a petition through Advocate Tara Narula alleging that her 16-year-old brother-in-law was in illegal detention since April 16 and one-day police custody, without proper disclosure of his age, was in complete contravention of the provisions of the Juvenile Justice (JJ) Act, 2015.
Counsel for the petitioner submitted that the boy was injured and should be immediately produced before the high court. The bench opined that he has to be produced before the JJB which will undertake his age verification.
The petitioner relied upon the birth certificate issued by the Municipal corporation of Delhi in support of her claim.
The bench observed, "We understand that you say that he is a juvenile but these are all serious matters. This is not as if they have picked him up for loitering or jaywalking. They have picked him up for being part of a mob so let us not go there. Let's follow the mandate of the JJ Act and be directed to produce him before JJB."
The petitioner has also sought the release of the alleged minor but the High Court limited the scope of the petition to his production before the JJB.
In view of the submission of the birth certificate, the Delhi Police told the court that the petitioner's brother-in-law shall be produced before the JJB.
SHO, Police Station Jahagirpuri, New Delhi, stated that in view of the said annexure collectively to the present habeas corpus petition, which included the said birth certificate of the Master MA, the latter shall be produced before the JJB-I, located at Kingway Camp, GTB Nagar, North West, Delhi, in accordance with the law, before 4:30 pm today. Directed accordingly, ordered the bench while deciding the petition. No further directions are called for in the matter.
( With inputs from ANI )
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