Bombay HC Issues Notice to Mid-Day For Disclosing Identity Of 9-Year-Old In A Criminal Case Registered Against Him

A Division Bench of the Bombay High Court comprising Justice Revati Mohite Dere and Justice Prithviraj Chavan recently issued show cause notice to the publisher and the editor of Mid-Day as well as the author of the article which disclosed the identity of a 9-year-old minor child in a criminal case registered against him.

The criminal case against the 9-year-old was registered after an accident took place. It was alleged by the complainant that in March 2022, the complainant’s parents had gone down to a podium of the society building and the 9-year-old lost his balance while cycling and dashed against her mother, as a result of which, she sustained an injury. Pursuant to this, an FIR was lodged against the 9-year-old after a week.

While quashing the FIR against the 9-year-old the High Court had noted: 

“Misconception or ignorance of law is not an excuse, much less, for a police officer and in the peculiar facts, more so, having regard to the fact that the child was only 9 years of age. This action of the police i.e. of registration of FIR, has resulted in traumatizing a 9-year-old boy. Despite Section 83 of the Indian Penal Code, the police have proceeded to register the FIR as against the petitioner’s son, a minor aged 9 years, at the behest of the respondent No.3. The action reflects complete non-application of mind by the concerned officer whilst registering the offence.”

The High Court had also imposed a cost of Rs. 25000 on the State Government and a departmental inquiry was also initiated against the police officer which was taken on record by the court.

Advocate Viresh Purawat, however, placed an article published by Mid-Day before the court which disclosed the names of the parties as well as photos and alleged that it was clearly in contravention of Section 74 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

Taking note of the same, the High Court while issuing notice to Mid-Day said that:

“We have perused the photocopy of the said article, so tendered. Having regard to the fact, that Mid-Day has published the name of the child as well as the photographs of the child, in contravention of Section 74 of the Juvenile Justice (Care & Protection of Children) Act, 2015, we deem it appropriate to issue notice to the scribe of the said article – Shirish Vaktania, the Publisher and Editor of Mid-Day, as to why suo-motu action should not be initiated against them”

The Notice is returnable on 1st February.

During the course of hearing the parties for quashing the FIR, the mother of the 9-year-old was present in the court. The bench asked the mother if the child was being taken for counseling. The mother replied to the bench stating that her son is not ready to speak to anyone and therefore she is giving him some time. She also informed the court that his son is being bullied in the WhatsApp group and the whole nation is talking about her son.

Case Title: Akanksha Amol Kelkar vs State of Maharashtra