HC: Follow process to term minors as adults in JH case

 Hyderabad: The Telangana High Court on Tuesday set aside the rulings of the Juvenile Justice Board, Hyderabad and the Pocso court in the Jubilee Hills gangrape case, which had stated that the accused children in conflict with law (CCLs) be tried as adults.

The High Court directed the Principal Magistrate of Juvenile Justice Board to re-examine the case by following due process.

The High Court delivered the ruling in response to a petition filed by one of the CCLs disputing the Pocso court verdict that had ordered that they be tried as adults.

Five CCLs and a major were arrested in June last year for gang-raping a minor girl in a car in Jubilee Hills after offering her a lift.

Justice G. Anupama Chakravarthy remanded the case back to the V Additional Chief Metropolitan Magistrate Court-cum-Principal Magistrate of the Juvenile Justice Board, Hyderabad, with the directive to conduct a fresh preliminary inquiry after providing copies of documents to the parties by May 3,  and giving the CCLs an opportunity as per the rules.

A CCL, through his father who holds a plum post in the Telangana State Wakf Board, had approached the High Court, complaining about deviations in the orders of the Pocso court, and failure to provide copies of the assessment and documents to the child, parent or guardian as required by the Act and the Juvenile Justice (Care and Protection of Children) Model Rules.

Senior lawyer Vinod Kumar Deshapande arguing for the petitioner stated that his client was arrested  on  June 4, 2022, and the preliminary assessment report was completed within one day. He claimed that the Juvenile Justice Board and the Pocso court did not follow the Supreme Court's directions and guidelines in the case of Barun Chandra Thakur vs. Master Bholu when passing the orders.

Deshpande also drew the court's attention to the fact that the board member, psychiatrist member and magistrate came to a hasty conclusion about the physical and mental ability of the Juveniles within two months, whereas the rules require it to be completed within three months.