Justice Sanjay Dhar Rules Juvenile Conduct Cannot Permanently Stigmatise a Person; Orders Release of Shopian Detainee
Srinagar, July 21: In a significant ruling reinforcing the principles of juvenile justice, the High Court of Jammu & Kashmir and Ladakh has held that acts allegedly committed by a person during his juvenile years cannot be relied upon to justify preventive detention under the Jammu and Kashmir Public Safety Act (PSA) after the individual attains majority.
Justice Sanjay Dhar delivered the judgment while allowing a petition challenging a preventive detention order issued by the District Magistrate, Shopian. The Court quashed the detention order and directed the immediate release of the detenue, provided he is not required in connection with any other case.
The High Court observed that the juvenile justice system is founded on the principle of rehabilitation rather than punishment and that offences allegedly committed during childhood cannot be allowed to permanently stigmatise an individual’s future.
The Court held that allegations relating to the period when a person was a juvenile cannot subsequently be transformed into grounds for preventive detention under the PSA, particularly when such detention could not legally have been imposed during the period of juvenility.
According to the case records, the detention order had been passed on the basis of an FIR registered under Section 307 of the IPC, Sections 7 and 27 of the Arms Act, and Section 20 of the Unlawful Activities (Prevention) Act (UAPA), alleging involvement in a conspiracy to target non-local labourers.
The petitioner submitted before the Court that he had already been granted bail by the Juvenile Justice Board, Shopian, and that following his release, no fresh incident or prejudicial activity had been attributed to him by the authorities.
While allowing the petition, Justice Dhar noted that the detention records failed to disclose any subsequent conduct or fresh material indicating that the petitioner had engaged in activities prejudicial to public order after being released on bail.
Holding that the absence of any fresh incriminating material rendered the preventive detention legally unsustainable, the High Court set aside the PSA detention order and ordered the petitioner’s release, subject to his custody not being required in any other criminal case.(KNC)
