By Arshita
Supreme Court granted interim bail to 13 prisoners of Agra Jail, who were juveniles at the time of the commission of the offense. The prisoners, in spite of being juveniles, have spent about 14 to 22 years in prison.
The bench consisting of Justice Indira Banerjee and Justice V Ramasubramanain granted interim bail on personal bond and gave the remarks: “It is not in dispute that 13 Petitioners have been held by Juvenile Justice Board as juveniles. Let interim bail be granted to them by presenting personal bonds”
The petitioners’advocate, Rishi Malhotra, submitted that this was a case of “illegal detention”.
“Though in the majority of the cases their statutory criminal appeals are pending before the High Court against their conviction under various IPC offenses, the necessity and the need of the hour is to direct immediate release of these Petitioners in view of the fact that not only they are declared juvenile but they have already undergone a maximum period of detention provided under Section 15 read with Section 16 of the Juvenile Justice Act, 2000 viz. 3 years”,
The advocate representing the Uttar Pradesh Government submitted that he does not object to bail, but there should be verification.
The plea submitted that in spite of all the petitioners being juveniles as has been held by the Juvenile Justice Board, the State of Uttar Pradesh had failed to take any steps for their release. They also highlighted that according to the Juvenile Justice (Care and Protection of Children) (Amendment) Act, 2006, the plea of juvenility can be raised at any stage of the trial and also after final disposal of the case.
The petitioners contended that the imprisonment of juveniles for about 12 to 14 years defeats the purpose of the Juvenile Justice Act,
The plea prayed for the immediate release of the Petitioners in light of the JJ Board order citing Article 21 of the Constitution of India which guarantees the right to life and personal liberty.
