The Bombay High Court on Tuesday ordered the immediate release of a 17-year-old boy involved in the Porsche car accident in Pune last month.
The teen, who the police allege was drunk and driving the luxury car when it struck a two-wheeler, resulting in the deaths of two techies, had been held at an observation home in Pune.
A division bench comprising Justices Bharati Dangre and Manjusha Deshpande quashed the Juvenile Justice Board's (JJB) orders that had remanded 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 declared.
The bench deemed the JJB’s remand orders illegal and issued without proper jurisdiction.
"Amid the immediate reaction to the accident, the kneejerk reaction and the public outcry, the CCL's age was not considered," the bench remarked, highlighting that the minor's age necessitated different treatment under the Juvenile Justice Act.
Despite the gravity of the crime, the court asserted its obligation to follow the law and the principles of the Juvenile Justice Act, which mandate that children in conflict with the law be treated distinctly from adults.
"CCLs are to be considered differently," the bench stated.
The court also noted that the boy was already undergoing rehabilitation, which is the primary objective of the Act, and had been referred to a psychologist, a process that should continue.
The order came in response to a plea filed by the boy's paternal aunt, who argued that his detention was illegal and sought his immediate release.
The accident occurred in the early hours of May 19, and the boy had been granted bail the same day by the JJB, which placed him under the care of his parents and grandfather.
However, the police later sought an amendment to the bail order. On May 22, the JJB ordered the boy into custody and remanded him to an observation home.
The boy's aunt contended that public uproar and political agendas had led the police to deviate from proper investigation protocols, undermining the Juvenile Justice (Care and Protection of Children) Act's intent.
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