Bombay High Court orders inquiry against police officer after juvenile prosecuted as adult

The Bombay High Court recently ordered an inquiry into the allegations by a father that his minor son was being prosecuted as an adult by the Mumbai police in a murder case [Vikas Ramji Yadav v. State of Maharashtra]..A division bench of Justices Revati Mohite Dere and Madhav Jamdar passed the order in a habeas corpus petition filed by the father seeking release or production of his son detained at the Thane Central Prison.After examining the documents annexed to the petition filed by the juvenile's father, the High Court observed that there was substance in the petitioner’s contention and that the boy was in fact a juvenile.The Court also noted that Juvenile Justice Board (JJB) failed to comply with Section 94 of the Juvenile Justice (Care and Protection of Children) Act which provides that the Board could determine age of a minor after production of documents.In view of these observations, the High Court directed the Additional Commissioner of Mumbai Police to conduct an inquiry with respect to the allegations made by the petitioner against the Dindoshi police inspector..The petition pointed out that the juvenile had been taken into custody in August 2021 when he was 16 years old for alleged offences under the Indian Penal Code, Arms Act and Maharashtra Police Act.He had initially been produced before the JJB where he was asked to produce age-related documents of his son. In the meantime, he was remanded to children observation home.His father submitted the original school leaving certificate and Aadhar card to show the juvenile’s date of birth to the Dindoshi police inspector, who was conducting the investigation in the case.The inspector demanded ₹50,000 which the father could not pay due to his poor economic condition.Thereafter, the inspector filed an application for conduct of medical examination to ascertain the age of the juvenile.After the application was allowed on August 26, 2021, the hospital certified that the boy was aged 20-21 years though the results of his ossification test were pending.On November 3, 2021, the JJB directed the juvenile to be produced before the Metropolitan Magistrate who remanded him to Thane Central Prison.Aggrieved by the orders of the JJB and the Magistrate orders, the juvenile’s father filed the present petition alleging that the police acted out of malafides since the bribe they had demanded was not paid and, therefore, did not produce the documents which showed the juvenility of the petitioner. .After due consideration of the circumstances, the High Court set aside the orders of the JJB and passed these additional directions:The investigation of the case be handed over to the Senior Inspector of Dindoshi police station;The Senior PI was directed to place the documents before the JJB which in turn was directed to consider the documents;Till this action is undertaken, the Superintendent of Thane Central Prison to immediately transfer the petitioner back to the Children Observation Home;The proceedings (after committing the case from the Magistrate Court) before the sessions court be stayed..[Read order]