Pune Porsche accident: Why Bombay HC released the accused minor who killed two techies?
Bombay HC terms minor's detention 'illegal'
The ruling by Justices Bharati Dangre and Manjusha Deshpande followed a habeas corpus petition from the boy's aunt, who requested his release from a government observation home. The teenager will now be in his aunt's care since his parents and grandfather have been arrested for an attempted cover-up.
Last week, Justices Bharati Dangre and Manjusha Deshpande noted that remanding the minor to an observation home after granting bail negates the bail's purpose. “Two people have lost their lives. There was trauma but the child (juvenile) was also in trauma,” the court observed.
The court noted that despite the gravity of the crime, they are legally required to follow the aims and objectives of the Juvenile Justice Act and treat the juvenile as any other child in conflict with the law. The bench emphasized that the police had not sought a higher court's intervention to cancel the bail order issued by the Juvenile Justice Board (JJB). Instead, the police filed an application to amend the bail order, leading to the minor's custody and remand to an observation home.
The court expressed concern over this procedure. «What type of remand is this? What is the power to remand? What kind of procedure is this where a person has been granted bail and then a remand is passed taking him in custody?» the bench questioned.
Pune Porsche Case: Bombay HC orders release of minor from observation home
The judges highlighted that the minor was removed from his family's
