This is an archive article published on January 24, 2020
Their cases falling, Muzaffarnagar police now invoke Juvenile Act, say anti-CAA protesters used kids
Section 83 (2) of the JJ Act was invoked against at least 33 accused named in an FIR lodged on December 21 at the Civil Line police station in Muzaffarnagar — that FIR was also against 3,000 unknown accused.
Police in Muzaffarnagar, (Express Photo: Gajendra Yadav)
As more and more cases against protesters charged with attempt to murder and rioting during anti-CAA protests in December began failing legal scrutiny and courts started granting bail, police in Muzaffarnagar invoked a stringent provision of the Juvenile Justice (Care and Protection of Children) Act, 2015 — almost a month after it booked 107 people — and claimed that protesters used children “for illegal activity”.
Section 83 (2) of the JJ Act was invoked against at least 33 accused named in an FIR lodged on December 21 at the Civil Line police station in Muzaffarnagar — that FIR was also against 3,000 unknown accused. A person found guilty under this charge can end up in prison for seven years. So far, 33 of the 107 accused have been granted bail, 14 of them after being booked under the JJ Act.
The first such bail order was passed on January 17 by Additional Sessions Judge Sanjay Kumar Pachauri when he ordered the release of accused Mohammed Shehzad and Sahib. Earlier, police had moved an application before the Chief Metropolitan Magistrate, informing the court that it would invoke the JJ Act provision.
Incidentally, while police invoked the additional charge almost a month after the incident, the FIR, based on testimonies of police personnel deployed at the protest site, made no mention of any children indulging in any “illegal activity”. The bail order too made no mention of the accused using children for “illegal activity”.
The FIR stated: “The accused person, present at the Madina Chowk. indulged in rioting. created an atmosphere of terror, forcing everyone to shut their shops. They also destroyed public property and indulged in arson. Police officers were also injured and taken for medical examination. The accused was also involved in stone-pelting with intention to harm police deployed at the spot.”
Express Cartoon by E P Unny
The sessions court, however, granted bail. It relied on Supreme Court judgments stating that Article 21 of the Constitution, which deals with protection of life and personal liberty, is one of the important factors in deciding grant of bail.
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The other accused granted bail include Wasim, Asif, Shavez, Sartaj, Shahnawaz, Waseem, Nouman, Ikram, Raja, Zeeshan, Kalim and Dilshad.
Police invoked the additional charge after 19 people were released on bail, either by police or court, due to lack of evidence or after withdrawal of charges of grievous offences. In the case of five accused, police themselves granted bail under Section 169 of the Code of Criminal Procedure which is invoked when “evidence is deficient”. Ten were released by the sessions court after police were only able to prove that they had prima facie violated prohibitory orders, and were not involved in rioting or attempt to murder.
As City Editor ( Delhi) at the Indian Express, Kaunain Sheriff leads city reporting with a sharp focus on accountability journalism, data-driven stories, and ground-level impact. As the National Health Editor he leads the newsroom’s in-depth coverage of pressing health issues.
He is the author of Johnson & Johnson Files: The Indian Secrets of a Global Giant, a definitive investigation into the accountability of one of the world’s most powerful pharmaceutical corporations.
Areas of Expertise
Investigative Reporting: Has deep expertise in investigative reporting spanning public health, regulatory affairs, drug safety, and the criminal justice system. His work sits at the intersection of governance, law, and accountability, with a particular focus on how regulatory failures, institutional lapses, and policy decisions affect citizens’ rights and safety.
Data Journalism: Has extensively on big data–driven investigations, including analyses of flagship government schemes and large datasets on criminal trials, uncovering systemic gaps.
Global Collaborations
Kaunain is a key contributor to major international journalistic projects:
The Implant Files: Collaborated with the International Consortium of Investigative Journalists (ICIJ) to expose global malpractices in the medical device industry.
Chinese Big-Data Investigation: Uncovered how a foreign data firm monitored thousands of prominent Indian institutions and individuals in real-time.
Awards & Recognition
His commitment to "Journalism of Courage" has been recognized with the industry's highest honors:
Ramnath Goenka Award for Excellence in Journalism
SOPA Award (Society of Publishers in Asia)
Red Ink Award (Mumbai Press Club)
Indian Express Excellence Awards (Triple recipient for investigations into the NSA abuse in UP, Vyapam scam, and the anti-Sikh riots).
Education: Studied Mechanical Engineering at Visvesvaraya Technological University (VTU), Bangalore, before moving to Delhi to pursue his passion for journalism. His engineering training informs his analytical approach, enabling him to decode technical, legal, and data-heavy systems with precision.
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LinkedIn: linkedin.com/in/kaunain-sheriff-3a00ab99
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Police in Muzaffarnagar, (Express Photo: Gajendra Yadav)
Express Cartoon by E P Unny