Pune Porsche crash: Minor released from observation home after Bombay HC quashes remand order as ‘illegal’

“The outcry, as a knee-jerk reaction to the accident, resulting into a clarion call of ‘see the accused’s action and not his age’, will have to be overlooked upon assimilating that the Child in Conflict of Law (CCL) is a child under the Juvenile Justice (Care and Protection of Children) Act, 2015 being under 18 years and regardless of his crime, he must receive the same treatment, which every other child in conflict with law is entitled to receive, as the purpose of the Act of 2015 is to ensure that children who come in conflict with law are dealt with separately and not like adults,” the bench observed.

It added, “Though the accident caused by the CCL is the most hapless incident and a demand is made by the prosecution to accuse him of ‘heinous offence’ and try him as adult, which may receive due consideration as per law, we are bound by the scheme formulated by the legislature, for ensuring that all resources are mobilised including those of family and community, for promoting the well-being of children by facilitating their development and by providing an inclusive and enabling environment, to reduce the vulnerabilities they may face, and also the need for intervention under this Act.”

In light of this, the court said that it “permitted benefit conferred by the special legislation to be availed by the CCL” and allowed the habeas corpus plea allowing his release from observation home, where he was detained, “despite being released on bail by a validly passed order by the JJB on May 19.”

The HC quashed the impugned orders of May 22 and June 4 passed by the magistrate, JJB, Pune sending the CCL in observation home.

The court clarified that as the “rehabilitation and reintegration of the child in the society is a primary object of the Act of 2015” and because of orders passed being in an observation home, if he is referred to a psychologist or undergoing therapies with the de-addiction centre, same shall be continued and he shall participate in such sessions. The court said he shall continue to remain in his home or any safe place as per conditions imposed in May 19 bail order.

The bench said that “though the manner in which the entire situation has been handled by the respondents including the investigation wing,” it can “only express dismay and perturbation by describing the whole approach as an unfortunate incident.” It said the “future course of action to be chartered shall be in accordance with existing provisions of law, avoiding any haste.”

It noted that the entire prosecution agency approached the issue in “haphazard manner’ being rattled by ‘public outcry’ about the incident.

“This is a classic case as to how the law enforcing as well as the law implementing agency reacted to the public outburst and traded on a path of owing a moral responsibility of the CCL and his entire family, by alluding and questioning the upbringing of the the child belonging to the affluent family, by projecting their approach as having less regard to the lives of a common man on the road,” the bench noted.

It added that “though the law enforcing agencies succumbed to public pressure, rule of law must prevail in every situation, however catastrophic or calamitous the situation may be.”

On June 21, a division bench of Justices Bharati H Dangre and Manjusha A Deshpande concluded the hearing and reserved the order in the plea by the minor’s aunt. She had sought direction from the court to quash and set aside “illegal” orders of May 22 and June 5 and 12 passed by the magistrate, JJB, Pune.

Senior advocate Aabad Ponda and advocates Prashant Patil and Swapnil Ambure representing the petitioner aunt, argued that a free person’s liberty was trampled upon when he was remanded to custody in observation home after being granted bail.

In the early hours of May 19, the juvenile was allegedly driving a Porsche at a very high speed in an inebriated state when the vehicle crashed into a bike, killing two software engineers, Aneesh Awadhiya and Ashwini Koshta, in Pune’s Kalyani Nagar.