The Bombay High Court on Monday ordered the release of the juvenile-accused in the Pune Porsche car accident case from an observation home..Justices Bharati Dangre and Manjusha Deshpande pronounced the order today after reserving it on June 21.The Court observed that the custody order was illegal and issued without jurisdiction. Therefore, it directed that the teen be placed in custody of his paternal aunt. The Court further clarified that he is already undergoing rehabilitation, which is the primary objective, and has been referred to a psychologist..The order was passed after the minor's aunt moved the High Court alleging that he was unlawfully and arbitrarily detained by the Juvenile Justice Board (JJB) in an observation home.The juvenile, a son of a prominent builder in Pune, hit a motorcycle with his Porsche car in Kalyani Nagar area, claiming the lives of two persons. It was later found that the minor had been drinking at a pub with his friends before the accident.The vehicle reportedly dragged one of the two persons on the bike and finally came to stop after hitting another two wheeler and a car.He was booked for rash and negligent driving and causing harm by endangering safety of lives and death by negligence under sections 304A, 279, 337 and 338 of the Indian Penal Code (IPC) along with provisions of the Maharashtra Motor Vehicles Act.He was granted bail on May 19 but was later remanded to an observation home.The plea before the High Court filed through advocate Swapnil Ambure said that the juvenile should be immediately released..When the matter was first heard on June 14, Senior advocate Abad Ponda, appearing for the petitioner, prayed for immediate release of the juvenile. He also sought time to amend the petition to append the order of June 13 which extended the juvenile’s detention in the observation home.The division bench granted time to Ponda to amend the petition, but refused to grant any immediate relief without hearing the plea. .During the hearing today, Chief Public Prosecutor Hiten Venegaonkar representing Pune police objected to the maintainability of a habeas corpus plea. He argued that a writ of habeas corpus could not be filed until and unless the order was illegal. Further, he pointed out that there was an alternative remedy to challenge to JJB order. .Ponda countered, stating,"Supreme Court has time and again said that when it comes to liberty of a person, the system can be cut short,".Venegaonkar maintained that the Court would need to examine whether the order was mechanical before hearing a challenge to it.Ponda argued that the order could be challenged solely based on its illegality. He also contended that the JJB order was similarly mechanical. He questioned whether the juvenile could be sent to an observation home after being granted bail. He further argued that sending to an observation home is an option which is exercised only if the option to send to the family does not exist."Almost 35 days remands have been granted. This is completely illegal when the bail has already been granted," he added..[Read Order]
The Bombay High Court on Monday ordered the release of the juvenile-accused in the Pune Porsche car accident case from an observation home..Justices Bharati Dangre and Manjusha Deshpande pronounced the order today after reserving it on June 21.The Court observed that the custody order was illegal and issued without jurisdiction. Therefore, it directed that the teen be placed in custody of his paternal aunt. The Court further clarified that he is already undergoing rehabilitation, which is the primary objective, and has been referred to a psychologist..The order was passed after the minor's aunt moved the High Court alleging that he was unlawfully and arbitrarily detained by the Juvenile Justice Board (JJB) in an observation home.The juvenile, a son of a prominent builder in Pune, hit a motorcycle with his Porsche car in Kalyani Nagar area, claiming the lives of two persons. It was later found that the minor had been drinking at a pub with his friends before the accident.The vehicle reportedly dragged one of the two persons on the bike and finally came to stop after hitting another two wheeler and a car.He was booked for rash and negligent driving and causing harm by endangering safety of lives and death by negligence under sections 304A, 279, 337 and 338 of the Indian Penal Code (IPC) along with provisions of the Maharashtra Motor Vehicles Act.He was granted bail on May 19 but was later remanded to an observation home.The plea before the High Court filed through advocate Swapnil Ambure said that the juvenile should be immediately released..When the matter was first heard on June 14, Senior advocate Abad Ponda, appearing for the petitioner, prayed for immediate release of the juvenile. He also sought time to amend the petition to append the order of June 13 which extended the juvenile’s detention in the observation home.The division bench granted time to Ponda to amend the petition, but refused to grant any immediate relief without hearing the plea. .During the hearing today, Chief Public Prosecutor Hiten Venegaonkar representing Pune police objected to the maintainability of a habeas corpus plea. He argued that a writ of habeas corpus could not be filed until and unless the order was illegal. Further, he pointed out that there was an alternative remedy to challenge to JJB order. .Ponda countered, stating,"Supreme Court has time and again said that when it comes to liberty of a person, the system can be cut short,".Venegaonkar maintained that the Court would need to examine whether the order was mechanical before hearing a challenge to it.Ponda argued that the order could be challenged solely based on its illegality. He also contended that the JJB order was similarly mechanical. He questioned whether the juvenile could be sent to an observation home after being granted bail. He further argued that sending to an observation home is an option which is exercised only if the option to send to the family does not exist."Almost 35 days remands have been granted. This is completely illegal when the bail has already been granted," he added..[Read Order]
