Juvenile Justice Board Srinagar has granted bail to a juvenile accused of uploading morphed picture of Ghanta Ghar (Clock Tower) on social media.
The hearing of bail application took place through virtualmode wherein police report was sought and received in similar manner.
The juvenile was presented by legal aid counsel Mir NaveedGul. The Cyber Police Srinagar had booked the juvenile under section 13 ofUnlawful Activities (Prevention) Act and for statement conducing to publicmischief under Indian Penal Code (505 IPC).
Gul pleaded the offences were neither punishable by corporalpunishment nor life imprisonment, arguing the petitioner deserve concessionunder section 12 of Juvenile Justice (Care & Protection of Children) Act.
“The accused is in custody and his educational carrier is atstake as he is minor school going child. In case the applicant is not releasedon bail, the applicant along with his family members shall be put toirreparable loss and mental agony which cannot be compensated,” he submittedbefore the court.
Whilereferring to various provisions of law and Supreme Court judgments, hesubmitted the accused was presumed to be innocent till his guilt was proved and”applicant claims bail as a matter of right.”
“As per the settled position of law, juveniles are treatedas children in conflict of law rather than criminals and therefore theapplicant being minor, school going child deserves concession of bail,” Gulpleaded.
After hearing, prosecution and defence counsel, the courtgranted bail to juvenile.
As per Cyber Police Srinagar, the accused was arrested forposting a “fake picture” on his Facebook page showing Pakistan flag raised onGhanta Ghar.
In most of cases registeredthis year by Srinagar Cyber Police, it has invoked provisions of UnlawfulActivities (Prevention) Act to book the accused for uploading or sharingvarious ‘things’ on social media, which makes offence exclusively triable byspecial court established under TADA court. Most of the offences of cyber crimeare covered under Information Technology Act 2000.