Apex court refuses bail to murder convict under special Tamil Nadu law
20 Sep 2013 11:51 PM GMT
The Supreme Court on Thursday refused bail to a murder convict by rejecting his plea for the relief on the ground that the trial court failed to consider a special law of Tamil Nadu which provides reformation home for youth less than 21 years of age.
The convict had sought relief under the provisions of Tamil Nadu Borstal Schools Act, 1925 that he would have been sent to a ‘halfway house’ (a place to allow people to begin the process of reintegration with society) as he was two months short of 20 years when the offence was committed.
‘...since on the date of his conviction, the petitioner was over 21 years old and, therefore, was not a juvenile under the erstwhile or current statutory dispensation as per the wisdom of the legislature, there was no impediment or legal impropriety in his having to undergo his sentence in an ordinary jail. On the contrary, being an adult it would not have been advisable for him to be detained in a Borstal School as he may detrimentally influence younger persons,’ a SC’s double bench said.
The convict had sought relief under the provisions of Tamil Nadu Borstal Schools Act, 1925 that he would have been sent to a ‘halfway house’ (a place to allow people to begin the process of reintegration with society) as he was two months short of 20 years when the offence was committed.
‘...since on the date of his conviction, the petitioner was over 21 years old and, therefore, was not a juvenile under the erstwhile or current statutory dispensation as per the wisdom of the legislature, there was no impediment or legal impropriety in his having to undergo his sentence in an ordinary jail. On the contrary, being an adult it would not have been advisable for him to be detained in a Borstal School as he may detrimentally influence younger persons,’ a SC’s double bench said.
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