‘Person is child’: Why Calcutta High Court quashed a case against juvenile who drove car with ‘Judge’ board and ‘blue beacon’

The car allegedly belonged to the grandfather of the JCL, who was a judge retired 18 years ago.

“Courts must avoid a rigid or overtly technical approach and instead favour the conclusion that the person is a child”, the order read.

Highlighting that the Juvenile Justice Act is a “welfare legislation”, Justice Mukherjee stated that the courts should be zealous to see that a juvenile derives full benefits of the provisions of the Act.

However, the court also cautioned that the protection and privileges provided under the Act should not be misused by unscrupulous persons for escaping punishments after committing serious offences.

Findings

• The offences alleged against the JCL are petty in nature, with a maximum punishment of 3 years’ jail.
• Under the Juvenile Justice Act, the inquiry should be completed within a period of four months from the date of first production of the juvenile, before the board, unless the period is extended for a maximum period of two more months by the JJB, after recording reasons in writing for such extension.
• The JCL appeared before the board in November 2023, and the inquiry should have been completed by March 2024.
• The time frame was extended by the board in the present case, but no valid reason was recorded for the same.
• The inquiry was not concluded within the maximum time frame provided under the Act.
• The timeline given in the Act has the objective of speedy inquiry and to avoid repeated appearances of the juvenile before the board, with an aim to reduce the impact of such legal complexities in the life of a juvenile.
• The proceedings against the JCL before the state JJB are to be quashed.
• The Act is a beneficial piece of legislation aiming to restore and rehabilitate the juvenile concerned in the mainstream of society, especially in cases involving pretty offences.
• The Act must be interpreted and understood to advance the cause of this piece of legislation and to confer the benefits on the persons for whom the legislation has been made.
• The juvenile law is designed for the care and protection of children; therefore, courts should interpret it generously to benefit the child.

Background

The JCL was allegedly driving a four-wheeler in November 2023, having a blue beacon on top with “Judge” written on the board kept at dash board, violating one way traffic rule of the road.

A sergeant noted the JCL’s car and reportedly tried to stop the vehicle since it was driving on the wrong side in a rash and negligent manner, increasing the possibility of a severe fatal accident.

It was placed on record that the JCL was driving the vehicle without a license. It was also stated that the car belonged to his grandfather, who was a judge and retired 18 years ago.

Arguments

• Advocate Sekhar Basu, representing the JCL, argued that the proceedings against him should be quashed as the inquiry remained inconclusive within the statutory period provided under the Act.
• On the contrary, the state’s advocate Bibaswan Bhattacharya opposed this request to quash the proceedings.