News Mania Desk/ Agnibeena Ghosh/26th June 2024
The Bombay High Court has decided to release the minor accused in the Pune Porsche accident case, stating that while sympathies lie with the victims and their families, the court must adhere to existing laws. The decision was made by a bench comprising Justices Bharati Dangre and Manjusha Deshpande on Tuesday.
The 17-year-old, son of builder Vishal Agarwal, was involved in an incident where he allegedly drove his father’s Porsche while under the influence, resulting in a collision that claimed the lives of two individuals on 19th May. Following the incident, the Juvenile Justice Board had granted him bail the same day, but subsequently, he was sent to an observation home in Pune on 22nd May based on a review application filed by the prosecution citing new evidence.
The High Court, in its ruling, criticized the “haphazard manner” in which the prosecution handled the case, attributing it to public outcry. It emphasized that despite public sentiment, the rule of law must prevail, regardless of the severity of the situation. The court quoted the Latin phrase ‘Fiat Justitia Ruat Caelum’, which means “Let justice be done though the heavens fall,” underscoring its commitment to upholding justice impartially.
Regarding the extension of his stay in the observation home, the High Court termed it as “illegal” and pointed out that the Juvenile Justice Board had erred in its decision to send him back to custody despite granting him bail initially. The court clarified that under the provisions of the Juvenile Justice Act (Care and Protection of Children) Act 2015, a child should only be kept in an observation home if bail is denied, not if it has already been granted.
The High Court’s decision highlights the principles of juvenile justice, emphasizing rehabilitation and integration of children in conflict with the law into society. It stressed that such rehabilitation processes are ideally conducted within the child’s family or guardian’s care, rather than in an observation home.
In response to the judgment, the court directed that if the minor is undergoing psychological therapy or participating in a de-addiction program, these sessions should continue. It further mandated supervision by his paternal aunt to ensure compliance with necessary directives aimed at his rehabilitation.
This case has sparked significant debate on the handling of juvenile offenders and the application of justice in sensitive matters. The High Court’s ruling not only addresses legal aspects but also underscores the importance of following due process and safeguarding the rights of minors involved in legal proceedings.
The minor’s case has drawn attention due to the tragic nature of the incident and the complexities involved in balancing justice with rehabilitation and societal reintegration. The High Court’s stance reinforces the imperative of adhering to legal frameworks while dealing with juvenile offenders, ensuring fair treatment and procedural justice in every circumstance.
