The Bombay High Court on Tuesday ordered the release of the 17-year-old driver from observation home in Pune a month after he was drunk driving and crashed his Porsche car into a two-wheeler and killed two techies on the spot on May 19.
Justices Bharati Dangre and Manjusha Deshpande of the division bench overturned the Juvenile Justice Board's orders that had sent the minor to the observation home.
"We allow the petition and order his release. The CCL (Child in Conflict with Law) shall be in the care and custody of the petitioner (paternal aunt)," the court said.
The bench noted the JJB's remand orders were illegal and passed without jurisdiction.
The court said amid the "immediate reaction to the accident, the kneejerk reaction and the public outcry, the CCL's age was not considered."
"The CCL is under 18 years old. His age needs to be considered," the bench said.
It said the court was bound by law, the aims and objectives of the Juvenile Justice Act and must treat him as any child in conflict with law separately from adult, despite the seriousness of the crime.
"CCLs are to be considered differently," the HC said.
The court mentioned that the accused is already receiving rehabilitation, which is the main goal, and he is currently seeing a psychologist, a treatment that will continue.
This decision came in response to a request from the 17-year-old boy's aunt, who said he was unlawfully held and asked for his release.
The accident took place in the early hours of May 19. The boy was granted bail the same day by the JJB and ordered to be under the care and supervision of his parents and grandfather.
The police later filed an application before the JJB, seeking amendment of the bail order.
On May 22, the board ordered the boy to be taken into custody and remanded him to an observation home.
The boy's aunt in the plea claimed that because of the public uproar coupled with political agenda, the police deviated from the right course of investigation with regard to the minor boy, thus defeating the entire purpose of the Juvenile Justice (Care and Protection of Children) Act.
(With PTI inputs)
