Mumbai: The Bombay High Court on Friday raised several questions regarding the detention of a 17-year old boy accused in the Pune Porsche crash case that claimed two lives in May this year.
A division bench of Justice Bharti Dangre and Justice MS Deshpande heard a habeas corpus petition filed by the teen’s aunt seeking his immediate release. She has argued that the juvenile’s detention is “wholly illegal”.
While hearing the petition, the court observed that though a tragic incident occurred resulting in two deaths, the fact remains that the teen was under trauma and his mental state would have been adversely impacted as well. It questioned the police on the legal provisions under which the bail order passed by the Juvenile Justice Board was modified, leading to his detention in a correctional facility.
The teen was granted bail within 15 hours of his arrest, with the condition of writing a 300-word essay on road safety. However, public outrage over the bail prompted police to seek its modification. His bail was then altered and he was sent to an observation home.
His aunt has contended before the high court that as per the Juvenile Justice Act, a juvenile released on bail can only be sent to an observation home after the earlier order is rescinded. She has argued that in this case, the bail order was not cancelled but only modified.
The High Court has reserved its order till next Tuesday while hearing arguments from both sides. It will decide if the juvenile’s detention is lawful or amounts to infringement of his personal liberty.
