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The Supreme Court today granted interim bail to 13 juvenile prisoners who were languishing in Agra Jail for 20 years and had undergone illegal detentions as on date.

Bench of Justice Indira Banerjee and Justice V Ramasubramanian while directing for their forthwith release said, 

“It is not in dispute that 13 petitioners have been held by the juvenile justice board as juveniles. Let interim bail be granted to them by presenting personal bonds.”

Advocate Rishi Malhotra appearing for the petitioners apprised the bench that the matter pertained to a case of illegal detention wherein the Court had issued notice on July 1, 2021. 

Senior Advocate and Additional Advocate General for State of Uttar Pradesh Garima Prasad while submitting that the petitioners should be granted bail sought time to file a counter affidavit to verify the facts of the petitioners as well as look for orders passed by various courts with respect to the petitioners.

It was argued that despite clear and unchallenged rulings from Juvenile Justice Board wherein the petitioners have been declared Juveniles with clear findings that they were all below the age limit of 18 years, no steps have been taken by the State of UP to release them forthwith.

“Though in majority of the cases their statutory criminal appeal are pending before the High Court against their conviction under various IPC offences, but the necessity and the need of hour is to immediate direct release of these petitioners in view of the fact that not only they are declared juvenile but they have already undergone a maximum period of detention provided u/s 15 rw sec.16 of the JJ Act, 2000 viz. 3 years.”, the plea states.

The plea preferred by 13 prisoners declared as Juveniles and filed through Advocate on Record Rishi Malhotra submitted that the petitioners who were languishing in Agra Central Jail have already undergone judicial incarceration for periods ranging from 14 yrs. to 22 yrs. 

The petitioners relied on S.15 rw s.16 of JJ Act, 2000 as per which the maximum period of incarceration has been mentioned as 3 yrs. and that too in Juvenile homes to aver that the petitioners have been languishing in hardcore jails amongst hardcore criminals which is thereby completely negating the purpose and objects of Juvenile Justices Act.

Reliance has been placed by the petitioner on order dated May 24, 2012 wherein the High Court of Allahabad by relying upon sec.2(l), sec.7-A of the JJ Act, 2000 directed all the Juvenile Justice Board to hold an enquiry for determination of the age of the prisoners who were languishing in jail. It has further been submitted that, thereafter the Juvenile Justice Board disposed of the cases of these 13 petitioners regarding the issue of Juvenility qua them. 

The Juvenile Justice Board vide its order from time to time ranging from January 23, 2017 to March 6, 2021 categorically held that all these petitioners were below 18 years of age on the date of the alleged incident and were thus, declared Juvenile by it. It is unfortunate that despite a categorical order declaring these petitioners as Juvenile, the petitioners are languishing in Central Jail, Agra having undergone custody ranging from 14 years to 22 years.”, the petitioners have further averred.

Reliance has been placed on the Apex Court judgement in Abuzar Hussain Vs. State of West Bengal, 2012 (10) SCC 489 wherein it was observed that,
“A claim of juvenility may be raised at any stage even after the final disposal of the case. It may be raised for the first time before this Court as well after the final disposal of the case. The delay in raising the claim of juvenility cannot be a ground for rejection of such claim. The claim of juvenility can be raised in appeal even if not pressed before the Trial Court and can be raised for the first time before this Court though not pressed before the Trial Court and in the AppealCourt.”

In view of the spirit laid down under Article 21 of the Constitution of India, the plea sought for issuance of a writ of mandamus directing the State of UP to immediately release the petitioners in view of the fact that the competent Juvenile Justice Board have declared them as Juvenile. 

Case Title: Tikam & Ors v. State of UP