SANJAY PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The question for consideration in this application under Articles 226 and 227 of the Constitution is whether a juvenile within the meaning of the Juvenile Justice Act, 1986 (the Act in short), lodged in the Observation Home on ceasing to be juvenile during the pendency of the enquiry under the Act can be shifted to the ordinary jail.

(2.) The short fact giving rise to this application are as follows: The petitioners are accused of having committed the offence under Section 302/34, Indian Penal Code vide Barahat P 5 Case No. 250 of 1990. The petitioners after arrest were remanded to custody. The Sessions Judge, Bhagalpur by his order, dated 2-8-91 in Cr. Rev. No. 276 of 1991, after taking opinion of the Medical Board and on consideration of the materials on record, held that the petitioners were below 16 years of age at the time of the alleged occurrence and, accordingly directed that the petitioners be kept in the Observation HomeT during enquiry under the Act. He also directed that the trial be split up so that the Chief Judicial Magistrate, Bhagalpur specially empowered to try the cases under the Act may try the petitioners separately. It is said that the nformant of the case challenged the order of the Sessions Judge in Cr. Misc. No. 9741 of 1991 in this Court which was rejected on 10-9-1991 During the pendency of the enquiry, it is said, the Sessions Judge inspected the observation home on 29-5-1993 and issued an administrative order directing the Superintendent of the Home to shift five under-trial prisoners including the petitioners to different jails on the ground that they have already crossed the age limit of 16 years and are no longer juveniles. The validity of the said order marked Annexure-1 to this application has been challenged.

(3.) It is not necessary to set out the objects of the Act or to refer to its provisions in details. Reference may only be made to a decision of Full Bench of this Court in the case of Krishna Bhagwan v. State of Bihar. In order to make this order complete and self-contained, however, I may only point out that in terms of Section 2 (h) Juvenile means a boy who has not attained the age of 16 years or a girl who has not attained the age of 18 years. The Act provides for establishment/recognition of juvenile homes, special homes observation homes and after care organisations in respect of different categories of juveniles. Such juveniles against whom any enquiry under the Act is pending are to be lodged in the observation homes established and maintained by the State Government under Section 11. That is how the petitioners were kept in the observation home of Bhagalpur as per order of the Sessions Judge.