Minor arrested, says plea, HC orders that he be produced before JJ Board

New Delhi: The Delhi High Court on Monday directed that an alleged minor, who was detained by the city police in connection with the violence during a Hanuman Jayanti procession in Jahangirpuri last week, be produced before the concerned Juvenile Justice Board.

A bench headed by Justice Siddharth Mridul, who was dealing with a habeas corpus petition filed by the sister-in-law of the alleged juvenile, stated 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, represented by lawyer Tara Narula, alleged that since April 16, her 16-year-old brother-in-law was in unlawful detention and one-day police custody without proper disclosure of his age which was in complete contravention of the provisions of the Juvenile Justice Act, 2015.

The lawyer claimed that the boy was "visibly injured" and should be immediately produced before the high court. The bench, also comprising Justice Rajnish Bhatnagar, said that he has to be produced before the Juvenile Justice Board (JJB) which will undertake his age verification.

"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 Juvenile Justice Act and direct his presence before the JJB," said the court as it limited the scope of the petition, which also sought the release of the alleged minor, to his production before the JJB.

To support her claim of juvenility, the petitioner relied upon the birth certificate issued by the Municipal Corporation

of Delhi.

In view of the birth certificate, the SHO concerned told the court that the petitioner's brother-in-law shall be produced before the Juvenile Justice Board in accordance with the law.

The court disposed of the petition, saying that no further directions are called for in the matter.

SHO, Police Station Jahangir Puri, New Delhi, states that in view of the said annexure collectively to the present habeas corpus petition, which includes the said birth certificate of the Master M.A'; the latter shall be produced before the Juvenile Justice Board-I, located at Kingsway Camp, G.T.B. Nagar, North West, Delhi, in accordance with the law, before 4:30 p.m. today. Directed accordingly, ordered the bench also comprising Justice Rajnish Bhatnagar.

Needless to state that, it shall be open to the petitioner or her statedly juvenile brother-in-law, to raise all the legal and factual issues, urged in these proceedings before the Court of competent jurisdiction, in accordance with the law, it added.

In the petition, the petitioner alleged that her brother-in-law was picked up from his residence on the night of April 16 and subjected to police violence.

She informed that her brother-in-law was picked up by the police on the alleged suspicion of stone-pelting and rioting during the clash that took place in Jahangirpuri area of Delhi on April 16, 2022.

The petition further submitted that on April 17, the petitioner's brother-in-law was illegally remanded to one day of police custody by the magisterial court upon his production by the Delhi Police.

In her petition, the petitioner prayed for the production of her brother-in-law before the concerned Juvenile Justice Board.