Srinagar: Juvenile Justice Board (JJB) Srinagar Wednesday rejected bail plea of the Child in Conflict with Law (CICL) accused of acid attack along with two adults on a 24-year-old woman here in February this year.
Hearing the bail plea, the Board comprising Principal Magistrate Touseef Ahmad Magray and members Dr Khair Ul Nisa and Dr Asima Hassan said it was not inclined to grant bail to the CICL at this stage.
“Taking into the considerations the nature and gravity of allegations and overall circumstances, Board is of the opinion that release at this stage of CICL on bail would certainly defeat the Ends of Justice,” the JJB said. The Board accordingly dismissed the bail application.
The CICL was arrested on February 2 this year by Police less than 24 hours after the incident which took place a day earlier. He has been languishing in Observation Home, Harwan here since then. On February 23, police filed a 1000-page charge sheet against Sajid Altaf Rather of Buchwara Dalgate and Muhammad Saleem Kumar alias Tota of Mehjoornagar( adults) accused in the case before Chief Judicial Magistrate Srinagar.
They filed a similar charge sheet against the minor before the JJB with an additional application that he be treated as an adult under the amended Juvenile Justice (Care and Protection of Children) Act, whereby youngsters in the age group of 16-18 can be tried under
Indian Penal Code (IPC) if they are accused of heinous crimes.
Underscoring that the release of CICL at this juncture on bail will not serve the ends of justice, the Board said in the instant case alleged act of CICL wherein he accompanied the main accused to commit the alleged crime and his post occurrence behaviour all point out to the fact that the CICL needs reformation of highest degree so as to make him understand that the norms of society and laws of land are to be adhered to.
The placement of CICL at Observation Home, Harwan here, the Board said, is in his best interest at this juncture as he has shown signs of reformation which shall continue for the time being.”
Counsel representing the CICL argued that Principle of presumption of innocence is recognized as a “fundamental principle” by the Juvenile Justice Act 2015. “Accordingly it shall be presumed that the Juvenile is innocent of any malafide or criminal intent,” he said.
The counsel submitted that the CICL is a student and is studying in Class 8th and his studies are getting marred because of continued incarceration”.
In his counter, the Additional Public Prosecutor ( APP) Zafar Iqbal Shaheen said the CICL was involved in the commission of a non-bailable offence and cannot claim bail as a matter of right. “The CICL is involved in the commission of a heinous offence under Section 2 (33) JJ Act 2015”.
The AAP contended that the CICL has committed and actively aided in the commission of a “horrendous act” which shows depravity of mind and cannot be treated as an act which can be dubbed as a child’s mistake during youth hood.
“It is a ghastly act done with passion to ravish the life of the victim. The CICL, if released, would certainly expose him to “moral, physical or psychological danger,” he said
The AAP submitted that the rage in society against the offender is simmering so his physical safety is best possible at the observation home. The release of CICL, he said, would also defeat the ends of justice as the victims family would be psychologically affected by the decision as they are already devastated by the offence committed against the victim.