Releases ten-year old in open court, issues robkar against SHO
By Nusrat Sidiq
SRINAGAR: A 10-year-old boy was released in an open court in Srinagar Friday after spending three days in police custody, while the court also issued a “robkar” against station house officer for keeping the juvenile under police custody for more than 24 hours.
Rejected the request for remand, Chief Judicial Magistrate (CJM) Srinagar Masarat Shaheen released on bail Umar Reyaz Sheikh of Daribal Khanyar, a student of class VI at Govt Boys Middle School Khanyar, and ordered a robkar against SHO PS Nowhatta.
The CJM also questioned why the juvenile was not produced by the SHO himself, being a designated officer, instead of the investigation officer (IO) and directed the SHO to appear before the court on 18th March.
Umar Reyaz had presented himself at police station Khanyar on March 15 after police called his family to bring him to police station.
He was taken to PS Nowhatta where he remained for three days and an FIR no 89/2016 was lodged against him under section 148,149,336,152,332,427 RPC.
The court found the prolonged custody of the juvenile in police station in violation of the Juvenile Justice Care and Protection of Children Act.
According to section II of Juvenile Justice Care and Protection of Children Act, 2000, as soon as a juvenile in conflict with law is apprehended by police he has to be placed under the charge of the special juvenile police unit or designated police officer, who shall produce the juvenile before the board without any loss of time but within a period of twenty hours of his apprehension exclusive of the time necessary for the journey from the place where the juvenile was apprehended.
Stating that it was the duty of SHO Nowhatta as designated police officer to produce the juvenile himself before the court within a period of 24 hours and not keep him in the police custody for more than 24 hours, the court directed a robkar against SHO P/S Nowhatta with the direction to appear before the court on 18th march, 2017 to show cause why he kept juvenile in police lock up for more than 24 hours and why he himself didn’t produce the Juvenile before the court.
Police had sought remand under section 148,149 336,152,332,427 RPC but the court said that as per case diaries at the most offence under section 147,336,427 RPC could be made out which are all bailable.
Stating that offence under section 332 RPC cannot be made out as the juvenile has not injured any public officer the CJM ordered his release on a bail bond of Rs 10,000.
Director General of Police has recently designated police officers under Juvenile Justice Care and Protection of Act.