Update –
In the Pune Porsche car crash case, a paternal aunt of the minor accused has petitioned the Bombay High Court, alleged the illegality of the teenager’s detention and requested his prompt release. Presently, the boy is held at an observation home in Pune.
Key Aspects –
In a habeas corpus plea filed with the Bombay High Court, the petitioner, a paternal aunt of the minor accused in the Pune Porsche car crash case, has alleged that she was compelled to take legal action against the Pune Police. She accuses them of abusing legal processes and disregarding the rule of law in their handling of her nephew’s case. The petition challenges what it describes as the arbitrary and illegal detention of the minor, who is classified as a Child in Conflict with Law (CCL) under the Juvenile Justice (Care and Protection of Children) Act, 2015.
According to the petitioner, the detention order issued by the Juvenile Justice Board in Pune violates provisions of the Juvenile Justice Act. The plea seeks the immediate release of the minor into the custody of the petitioner. The petitioner argues that despite allegations that the CCL was driving under the influence of alcohol during the accident, it should be considered an unfortunate incident involving a minor.
Furthermore, the petitioner points out that the FIR filed by Pune Police lists offenses under sections 304A (causing death by negligence), 279 (rash driving or riding on a public way), 337 (causing hurt by act endangering life or personal safety of others), 338 (causing grievous hurt by act endangering life or personal safety of others), 427 (mischief causing damage to property) of the Indian Penal Code, along with relevant sections of the Motor Vehicles Act. These offenses are all bailable, indicating that, in the petitioner’s view, the severity of the charges does not justify the continued detention of the minor.
The petitioner asserts that the actions of the Pune Police are illegal and that the continued detention of the CCL under the remand order is unjustified. The plea aims to secure the immediate release of the minor into the care of the petitioner, emphasizing the need to uphold the rights and protections afforded under juvenile justice laws.
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Written by – Anurag Das
