BALWINDER SINGH BHUNDER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petition is for the release of the children detained in various jails in the State of Punjab.

(2.) THE Punjab Government has filed a list (Annexure R.1) showing that 21 under-trial children below the age of 16 years were detained in various jails in the State of Punjab. It is revealed from the return filed by the State that out of these children one mentioned at S.No.1 namely, Vinod, has already been released on March 12, 1987. Two of them mentioned at Sr.Nos.5 and 13 namely Daljit Singh and Kishan Kumar, have since been released on bail. Other two mentioned at Sr.Nos.4 and 8, namely, Rajinder Kumar and Ashwani Kumar, have been shifted to Observation Home. In this way the remaining sixteen under trial children are still detained in various jails.

(3.) A child should not be incarcerated in jail is also evident from Section 29(1) of the Act which reads as under :-