The Lucknow bench of the Allahabad High Court has ordered the immediate release of a jailed minor, characterizing his detention as prima facie illegal and reprimanding both law enforcement and the trial court for failing to verify his age.
A vacation bench of Justice R S Chauhan and Justice Divesh Chandra Samanta issued the directive on Thursday, expressing strong dissatisfaction with how the case was handled by the police and the lower court.
Failure to Verify Age and Follow Guidelines
The high court observed that the petitioner was under 17 years old at the time of the alleged incident. However, investigating officers failed to verify his age before taking action, and a judicial magistrate subsequently remanded the juvenile to prison.
The bench described the trial court’s remand order as mechanical, stating it lacked proper judicial application of mind. It noted that both the investigating agency and the judicial officer overlooked the petitioner’s juvenile status and the legal protections to which he was entitled.
Furthermore, the court highlighted that safeguards established by the Supreme Court in the landmark Satender Kumar Antil vs CBI case were ignored. That ruling mandates strict guidelines for arrest and remand in cases involving offences punishable by up to seven years in prison, with the goal of preventing unnecessary detentions. The FIR in the current case involved offences carrying maximum jail terms of three and five years.
Officials Ordered to Submit Affidavits
In response to the lapses, the bench has demanded personal affidavits from the responsible police officers and the Additional Chief Judicial Magistrate-V of Lucknow. The officials must explain the circumstances that led to the minor’s imprisonment.
The high court warned that it may initiate appropriate action if the explanations provided by the police and the magistrate are found to be unsatisfactory.
The next hearing for the matter is scheduled for July 3.
