SUBRAMANIAN SWAMY Vs. RAJU

JUDGEMENT

(1.) Should the adjudication sought for by the petitioner be refused at the threshold on the basis of the fairly well established legal proposition that a third party/stranger does not have any right to participate in a criminal prosecution which is primarily the function of the State. The aforesaid question arises in the following facts and circumstances.

(2.) On 16.12.2012, a ghastly incident of gang rape took place in a moving bus in the streets of Delhi. In connection with the said incident six accused were arrested on 22.12.2012, one of whom, namely, the first respondent in the present special leave petition was a juvenile on the date of the occurrence of the crime. The victim of the offence died on 29.1.2013. While the Juvenile Justice Board (hereinafter for short "the Board") was in seisin of the matter against the first respondent, the petitioners in the special leave petition approached the Board seeking impleadment in the proceedings before the Board and an interpretation of the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter for short 'the JJ Act') so as to enable the prosecution of the first respondent in a regular criminal court. According to the petitioners while the Board did not pass any written orders in the matter it had expressed its inability to decide the question of law brought before it and directed the petitioners to approach a higher Court. Accordingly, on 18.1.2013 the petitioners filed a public interest litigation in the High Court of Delhi with the following prayers.

(3.) By order dated 23.1.2013 the High Court declined to answer the questions raised on the ground that the petitioners had an alternative remedy under the JJ Act against the order as may have been passed by the Board. On the very next day, i.e., on 24.1.2013 the Board dismissed the application filed by the petitioners seeking impleadment and the other reliefs. On 19.2.2013 the petitioners had approached this Court seeking special leave to appeal against the order dated 23.1.2013 passed by the High Court of Delhi dismissing the public interest litigation.