The Lucknow bench of the Allahabad High Court on Thursday ordered the immediate release of a minor who was sent to jail under judicial custody, expressing strong displeasure over the incident. A vacation bench, comprising Justice R S Chauhan and Justice D C Samanta, prima facie held that the petitioner's detention was illegal.
Case Background
The case arose from an FIR invoking offences punishable with a maximum sentence of three and five years. The court observed that the guidelines laid down by the Supreme Court in the Satender Kumar Antil vs CBI judgment, which govern arrest and remand in offences carrying up to seven years' imprisonment, were not followed.
Age Verification Failure
During the hearing, it emerged that the petitioner was below 17 years of age at the time of the incident. Despite this, the police failed to verify his age, and the judicial magistrate remanded him to jail. The court termed the remand orders mechanical and lacking judicial application of mind.
The court has sought personal affidavits from the concerned police officers and the additional chief judicial magistrate V, Lucknow, warning that appropriate action may follow if their explanations are found unsatisfactory. The matter will be heard next on July 3.
