STATE OF ASSAM Vs. STATE

JUDGEMENT

(1.) THE instant petition has been registered suo motu on the letter dated 3.7.2011 addressed to the Hon'ble the Chief Justice of this Court by Smt. Minna Kabir, a Child Rights Activist, essentially for expediting the proceedings before the Juvenile Justice Board, Morigaon( hereafter referred to also as the 'Board') initiated on an application filed on behalf of Ramdeo Chauhan @ Rajnath Chouhan seeking his release in terms of the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 ( for short, hereinafter referred to as the 'Act') (as amended), read with the Juvenile Justice (Care and Protection of Children) Rules. 2007 (for short, hereafter referred to as the 'Rules'), on a redetermination of his age in accordance with Rule 12 of the Rules. THE application before the Board has been registered as petition No.3164/2010 on 22.12.2010.

(2.) WE have heard Mr. M. K. Das, Advocate assisted by Ms. Swaraswati Johari, Advocate representing Human Rights Law Network (for short. 'HRLN'), a non-Government social organization, for the applicant, Mr. P. S. Deka, Govt. Advocate for the State of Assam and Mr. D. K. Mishra, Senior Advocate acting as Amicus Curiae.

(3.) IN the writ petition filed by the victim's relatives before the Hon'ble Apex Court registered as Writ Petition (Civil) No.457/2005 the aforementioned order of commutation was set aside on 5.9.2009. The applicant thereafter approached the Hon'ble Apex Court with a Review petition being Review Petition (Civil) No. 1378/09 which was disposed of on 19.11.2010 restoring the order of His Excellency, the Governor of Assam commuting the death sentence to one of life imprisonment.