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The Delhi High Court on Monday directed Delhi Police to produce the alleged minor, who was detained in connection with the Jahangirpuri Violence on the occasion of Hanuman Jayanti, before the Juvenile Justice Board (JJB), ANI reported.
A division bench of Justice Siddharth Mridul and Justice Rajnish Bhatnagar stated that the mandate of the Juvenile Justice (JJ) Act, 2015 must be followed and that the person was not simply picked up for walking around and loitering about but for being part of a mob.
The petitioner, has sought the release of the alleged minor but the High Court limited the scope of the petition to his production before the Juvenile Justice Board.
Court disposed of the habeas corpus plea filed by the sister-in-law of the alleged juvenile stating that, “it shall be open to parties to raise all legal and factual issues before the court of competent jurisdiction in accordance with the law.”
The petition has alleged that her "16-year old brother-in-law was illegally detained since April 16, 2022, and one–day police custody, without proper disclosure of his age, was in complete contravention of the provisions of the Juvenile Justice (JJ) Act, 2015.
The lawyer submitted that the boy was injured and should be immediately produced before the high court.
“We understand that you say that he is a juvenile but these are all serious matters. This is not as if they have picked him up for loitering or jaywalking. They have picked him up for being part of a mob so let us not go there. Let’s follow the mandate of the JJ Act and be directed to produce him before JJB”, observed the bench.
The bench was of the view that he has to be produced before the JJB which will undertake his age verification.
In view of the submission of the birth certificate, the Delhi Police told the court that the petitioner's brother-in-law shall be produced before the JJB.
SHO, Police Station Jahangirpuri, New Delhi, stated that in view of said annexure collectively to the present habeas corpus petition, which included the said birth certificate of the Master MA, the latter shall be produced before the JJB-I, located at Kingway Camp, GTB Nagar, North West, Delhi, in accordance with the law, before 4:30 pm today.
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