The New Indian Express ·
Kerala HC upholds JJB order to take minors for evidence collection in Karuvatta murder case
KOCHI: The Kerala High Court on Tuesday upheld the Alappuzha Juvenile Justice Board (JJB) order permitting police to take three minor boys, suspected of murdering a 67-year-old man at Karuvatta, out for evidence collection. All the accused in the case are under the ambit of the Juvenile Justice (JJ) Act.
The petition was filed by the Children-in-Conflict with Law (CCL), seeking to quash the JJB’s order. The petitioners contended that, under the guise of “escorted movement," the JJB had permitted the investigating agency to take them out of the observation home, Alappuzha, and transport them through crowded public places, including railway and bus stations, solely to recover items such as apparel and discarded gloves.
Counsel for the petitioners argued that the escorted movement, to be undertaken by the Special Juvenile Police Unit (SJPU), would expose the minors to public gaze, resulting in the revelation of their identities, violating Section 74 of the JJ Act. According to the counsel, the procedure would also create a stigma by portraying the petitioners as criminals even before the JJB conducts a preliminary assessment of their mental and physical capacity to commit the alleged offence.
The court said these submissions “cannot be accepted," as the apprehensions raised were, to a great extent, speculative and unfounded.
The court observed that the petitioners cannot be taken from the observation home to the places where evidence is to be collected without being seen by anyone. However, the police could take appropriate steps to prevent onlookers from gathering at such places and watching the procedures being conducted in the presence of the CCLs.
This does not mean that the procedures should be conducted secretly or clandestinely, the court said. The authorities are also not expected to undertake the process at odd hours to minimise inconvenience to the general public by imposing restrictions.
The escorted movement of the CCLs should be carried out after sunrise and before sunset, while choosing days with due regard to avoiding crowded situations, the court said. The JJB had issued strict directions regarding precautions to avoid media attention and the possibility of social media activists gathering at the locations.
The 13 conditions imposed by the JJB were sufficient to protect the CCLs from being exposed to public gaze and social stigma, as apprehended by the petitioners, the High Court said.
The JJB had also rightly directed that the date and time of the escorted movement should not be published in advance to prevent people from assembling at the locations to see the CCLs, the court said.