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Kochi: The high court has stayed the order of the juvenile justice board (JJB), Alappuzha, permitting the police to take three minor boys, aged 16 and 17, for evidence collection in connection with the murder of a 67-year-old man at Karuvatta in Haripad. The impugned order, issued by the JJB on Sept 7, allowed the ‘escorted movement’ of the three minors for evidence collection. The revision petition, filed by the children in conflict with the law, challenged the order as patently illegal and argued that it circumvented the statutory bar on police custody of juveniles under Section 10 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
They contended that the so-called escorted movement was a mere camouflage to secure custodial interrogation for recovery of evidence, a procedure not permitted for minors. The petition further highlighted that the JJB’s order was mechanical and suffered from non-application of mind. It also noted that the board failed to adjudicate on the jurisdictional competence of the investigating officer. The JJB, in its original order, had permitted the police to take the minors for evidence collection, citing that the Juvenile Justice Act is silent on the specific procedure for such custodial interrogation. The prosecution had argued that without the minors’ assistance in evidence collection, the case, which has no eyewitnesses, would be considerably weakened. The board had accepted this contention, resulting in a rare and unprecedented order and prompting the petitioners to approach the HC.
A bench of Justice G Gireesh, while granting the stay on Wednesday, sought instructions from the govt and posted the matter for further hearing on Sept 11. The case involves four minors, including the victim’s 13-year-old granddaughter. Three boys, aged between 16 and 17, are accused of carrying out the murder on Aug 15, allegedly at the request of the granddaughter of the deceased.