Taking a strong note of the detention of an eight-year-old boy by the police in Pulwama, the J&K High Court today directed the Senior Superintendent of the district to immediately hand over his custody to his mother.
Stating that “nothing is an offence which is done by a child above seven years of age and under 12 under the Ranbir Penal Code,” the court also asked the Principal District and Sessions Judge and Chief Judicial Magistrate, Pulwama, to get the child examined by a doctor and submit the report within two days as the parents of the child have alleged torture and beating up of their ward in the police detention.
These directions were today passed by Justice Muzaffar Hussain Attar while taking cognisance of a newspaper report about the arrest of the boy, who has been lodged at the Pulwama police station on the charges of stone-throwing.
“Section 82 of the Ranbir Penal Code provides that nothing is an offence which is done by a child above seven years of age and under 12, who has not attained the sufficient maturity of understanding to judge the nature of consequences of his conduct on that occasion,” Justice Attar said in his order today while issuing a notice to the government.
“The child was to be dealt with in accordance with the Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Act of 2013. Ours is a society governed by the rule of law. Even in extreme adverse circumstances, this court is duty-bound to enforce the law of the land,” the Bench said.
While directing the Registry to treat the order passed today as a petition, the court directed the government to order SSP, Pulwama, Rayees Ahmad to hand over the custody of the child to his mother forthwith and report compliance during the course of the day to the Registrar, Judicial, of the High Court.
The court further directed the Principal District and Sessions Judge and the CJM, Pulwama, to get the child examined by the doctor and send a report within two days.
Detention of 8 Year Kid; HC directs SSP to hand over custody to mother
