Lucknow, Jun 4 (PTI): The Lucknow bench of Allahabad High Court on Thursday ordered the immediate release of a minor who had been sent to jail under judicial custody, expressing strong displeasure over the manner in which the case was handled by the police and the trial court.
A vacation bench comprising Justice R S Chauhan and Justice Divesh Chandra Samanta prima facie held that the petitioner’s detention was illegal and directed his release.
The case stemmed from an FIR involving offences carrying a maximum punishment of three and five years of imprisonment.
During the hearing, the court noted that safeguards laid down by the Supreme Court in the landmark Satender Kumar Antil vs CBI judgment were not followed in the current case.
The Supreme Court judgment prescribed guidelines governing the arrest and remand in cases where the offences are punishable with imprisonment of up to seven years, with an emphasis on avoiding unnecessary arrests and ensuring due process.
The high court observed that the petitioner was aged below 17 years at the time of the alleged incident. However, police failed to verify his age before taking action, and the judicial magistrate subsequently remanded him to jail.
Taking a serious view of the matter, the bench described the remand order as “mechanical” and lacking proper judicial application of mind. The court indicated that both the investigating agency and the judicial officer appeared to have overlooked the fact that the accused was a juvenile and therefore entitled to the protections available under law.
The bench sought personal affidavits from the police officers concerned as well as the Additional Chief Judicial Magistrate-V of Lucknow, explaining the circumstances that led to the minor’s incarceration.
The court warned that appropriate action could be initiated if the explanations furnished by the officials are found to be unsatisfactory.
The matter has been listed for further hearing on July 3. PTI COR CDN RUK RUK RUK
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