PADMABATI DEI Vs. DISTT MAGISTRATE CUTTACK

JUDGEMENT

(1.) Can a juvenile be detained under the National Security Act (N.S.Act) ?I The above question of some interest and importance calls for an answer in this habeas corpus petition. Arakhit Kalia Das is the detenu. Padmabati Dei, his mother, is the petitioner. Order of detention is dated 2nd May, 1994. Detaining authority is the District Magistrate, Cuttack. Grounds of detention show the age of the detenu as 20 years. Petitioner asserts that he is 15 years of age. As per the grounds of detention, the detenu is an anti-social surviving on the fruits of theft of stolen goods, instruments, cables, co-axial amplifiers on the telephone lines. Due to such activities of the detenu, telephone communication gets disrupted resulting in paralysing the administration. His activities are prejudicial to the maintenance of supplies and services essential to the community. The occurrence was usual. On 27.3.1994 at about 2.00 a.m. there was a theft of one oscillator and three ammplifiers from Repeater Sllltion No. 19 situated by the side of N.H. 5 near village Bandal in the district of Kendrapara. Cost of these materials was near about Rs. 4,00,000/-. A week before also such thefts had taken place on 21.3.1994 and the day following. On 4.4.1994, the detenu and his associate were caught red handed by the police party while approaching Govindpur Repeater Station with preparation to commit similar crime. From him, two hackshaw blades, one screw driver and one wrench were recovered. The detenu, during the course of interrogation, admitted to? have committed the above crimes.

(2.) The petitioner asserts that the detenu was a juvenile aged 15 years at the time of his detention and therefore the N.S. Act does not apply to him. Our pointed attention is drawn in this connection to sections 18 and 22 of the Juvenile Justice Act, 1986 (J.J. Act). We reproduce for ready reference these provisions: 18 Bail and custody of juveniles-

(3.) Now, it is apparent that the J.J Act does not apply to a person detained under the N.S. Act but only applies to a person accused of an offence. Section 18 mandates that if the accused is a juvenile, he shall be normally released on bail irrespective of whether the offence is bailable or not. In the extraordinary circumstances indicated in sub-section (1) of section 18, when he is not released on bail, he is to be kept in an observation home or a place of safety till he is brought before a Juvenile Court after arrest or pending trial. Section 22 provides that no delinquent juvenile shall be sentenced to death or imprisonment or committed to prison in default of payment of fine or in default of furnishing security. Certain other contingencies arc also provided for. We fail to see how these provisions support the contention raised. It is true that sub-section (1) of section 18 contains the word detained. But, by virtue of that feature only, it cannot be said that the said word refers to detention under he preventive detention law. The word detain has not been defined by the J.J. Act. Resort to its normal dictionary meaning is inevitable. According to the Chambers 20th Century Dictionary, it means, to hold back; to withhold; to stop; to keep; to keep in custody. The word detained in section 18(1) of the J.J. Act cannot be read in isolation and will have to be read with reference to the context of the whole provision.