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 demanded disciplinary action against the police officer for violating the Board’s order asking for preventive custody of the juvenile.
“Immediate disciplinary action at the departmental level shall 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 order shall 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 law charged 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 the Investigating officer “shall take the applicant to the Medical Board constituted by the government for age determination at SMHS hospital or elsewhere in Srinagar to get an opinion with respect to the age of the applicant.”
“As is clear from the documents on record that the SMC has shown the age of applicant as 16 years and even the Doctor who has examined him while being taken for remand has mentioned his age as 18 years, so, till the age determination is done by the Medical Board the accused/ applicant instead of being kept in Police or Judicial custody, shall be taken in Protective custody and placed at Observation Home Harwan. The exercise of Age determination of the applicant shall be completed within 15 days.”
Despite the directions by the JJB Srinagar to shift the juvenile to observation home, the I.O kept him in police custody.