The Juvenile Justice Board of Srinagar has directed police chief of Budgam district to register an FIR against an investigating officer for illegally detaining a minor.
The three member board comprising of Principal Magistrate,Parvaiz Iqbal and members Khair-un-Nisa and Dr Asima Hasan also demandeddisciplinary action against the police officer for violating the Board’s orderasking for preventive custody of the juvenile.
“Immediate disciplinary action at the departmental levelshall be taken by ADG HQ who is also nodal officer, Juvenile Justice in Jammu& Kashmir Police, IGP Kashmir and SSP Budgam/Srinagar. A copy of this ordershall be placed before them forthwith,” the Board directed.
“Contempt proceedings are also initiated against the I.O(Investigative Officer) for willful defiance of the orders of the board.”
The instant case is about a juvenile in conflict with lawcharged for commission of offence under sections of RPC 376, 342 and POCSO.
The accused was produced before the board in custody.
The board after hearing the arguments directed that theInvestigating officer “shall take the applicant to the Medical Boardconstituted by the government for age determination at SMHS hospital orelsewhere in Srinagar to get an opinion with respect to the age of theapplicant.”
“As is clear from the documents on record that the SMC hasshown the age of applicant as 16 years and even the Doctor who has examined himwhile being taken for remand has mentioned his age as 18 years, so, till theage determination is done by the Medical Board the accused/ applicant insteadof being kept in Police or Judicial custody, shall be taken in Protectivecustody and placed at Observation Home Harwan. The exercise of Agedetermination of the applicant shall be completed within 15 days.”
Despite the directions by the JJB Srinagar to shift thejuvenile to observation home, the I.O kept him in police custody.