The Supreme Court Friday agreed to examine a PIL,questioning the validity of the rules framed under the Juvenile Justice Act that have taken away discretion with the trial judge over ascertaining the age of a juvenile delinquent.
A Bench led by Justice K S Radhakrishnan issued notice to the Union government on the petition filed by one Nisha Bagchi. Senior advocate Mukul Rohtagi,appearing for the petitioner,submitted,Rule 12 framed under the Juvenile Justice Care and Protection of Children Act,as they stand now and lay down criteria for determining the age of a delinquent,traverse beyond the substantial provisions of the Act.
The provision of the law provided discretion to the judge which has been taken by the rules, said the lawyer.
Also seeking guidelines on age determination,the petition challenged the methodology adopted by trial court,under which matric certificate is to be given first preference and second the birth certificate and at last ossification test. Suppose a person is well-built,capable of committing rape and murder and does not appear to be a juvenile,but produces a matriculation certificate declaring him to be below 18,the judge is helpless, argued Rohatgi.
Ramdevs guru still missing,CBI files abduction case
NEW DELHI: The CBI has registered a case in connection with the alleged kidnapping of yoga exponent Ramdevs guru,Swami Shankar Dev,who mysteriously went missing six years ago,while taking a morning walk in Haridwar. Dev was the founder of Divya Yog Mandir Trust,currently headed by Ramdev. He lived in the ashram until the day he went missing.
The FIR has been registered under Section 365 of IPC against unknown persons. It pertains to kidnapping or abducting and wrongful confinement. The FIR was reportedly filed by Ramdevs aide Acharya Balkrishna three days after Dev went missing.