Aunt of minor in Pune Porsche crash case files habeas corpus in Bombay High Court, alleging unlawful detention; court defers decision on release until next Thursday.
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MUMBAI: The Bombay High Court is now at the center of a contentious legal dispute over the detention of a juvenile involved in the Pune Porsche crash case. The minor’s aunt has filed a habeas corpus petition seeking his release, arguing that his custody was unlawful and arbitrary.
However, the High Court declined to immediately release the minor, opting instead to review the petition next Thursday. This development intensifies the legal scrutiny surrounding the minor’s confinement at an observation home by the Juvenile Justice Board, amid growing controversy.
The plea, brought forth by the juvenile’s aunt and represented by advocate Swapnil Ambure, argues for the immediate release of the minor. According to the legal team, the detention lacks a justifiable basis, and as such, the minor should be released without delay to prevent further violation of his rights.
During the proceedings, the matter was presented before a division bench comprising Justices Bharati Dangre and Manjusha Deshpande. The hearing, which unfolded amid intense legal arguments, highlighted the complexities and critical nuances of juvenile justice.
Chief Public Prosecutor Hiten Venegaonkar stood firm in opposition to the petition, advocating on behalf of the JJB.
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He defended the board’s decision, stating-
“The juvenile was placed in an observation home through a legal order.”
thereby asserting the legality of the action taken against the minor.
On the opposing front, senior advocate Abad Ponda, representing the petitioner, fervently argued for the juvenile’s rights.
“The juvenile must be released immediately.”
– Ponda urged, emphasizing the urgent need for rectification of what the defense perceives as a grave injustice.
He also requested additional time from the court to amend the petition to include the order dated June 13, which extended the juvenile’s stay at the observation home, aiming to bolster the case with further evidence.
The court, however, decided to take a cautious approach. While acknowledging the gravity of the allegations and the urgency conveyed by the defense, Justices Dangre and Deshpande opted not to grant immediate relief. Instead, they provided Advocate Ponda time to amend the petition as requested but reserved the right to make a comprehensive decision only after a thorough examination of all facets of the plea. Consequently, the bench scheduled the next hearing for June 20, extending the timeline for a resolution.
In a tragic incident in Pune’s Kalyani Nagar area, the juvenile son of a prominent builder hit a motorcycle with his Porsche car, resulting in the deaths of two individuals. The accident, which occurred after the minor had been drinking at a pub with friends, has led to a significant legal battle and public outrage.
According to reports, the Porsche dragged one of the victims for a considerable distance before coming to a halt after hitting another two-wheeler and a car. The juvenile was subsequently booked for rash and negligent driving, causing harm by endangering the safety of lives, and death by negligence under sections 304A, 279, 337, and 338 of the Indian Penal Code (IPC), along with provisions of the Maharashtra Motor Vehicles Act.
Initially granted bail on May 19, the minor was later remanded to an observation home. The petition before the High Court has sought the quashing of the orders passed by the Juvenile Justice Board (JJB) remanding and extending the custody of the minor.
The petitioner argued that the minor needs protection as prescribed under the Juvenile Justice (Care and Protection of Children) Act to ensure he does not turn into a hardened criminal.
She emphasized that-
“The minor was initially granted bail by the JJB on May 19 and placed in the custody of his grandfather, but was subsequently transferred to an observation home.”
The petition contends that the JJB could not take the minor from the grandfather’s custody and place him in the observation home without reviewing the earlier order.
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“The CCL sought to be implicated in the accident case; his family is portrayed negatively. In this instance, it appears the judge may be influenced by public sentiment and concerned about the optics of any legally sound observations favoring the accused.”
– the plea stated.
