The Supreme Court on Thursday ordered immediate release of 13 convicts, who have been languishing in Agra's jail for 14 to 22 years despite having been declared juvenile at the time of offence.
A bench of Justices Indira Banerjee and V Ramasubramanian allowed a plea for their release on interim bail as the Uttar Pradesh government's counsel also submitted they may be enlarged for the time being.
Advocate Rishi Malhotra, arguing on behalf of the convicts, submitted that it was a case of illegal detentions as the petitioners had established that they were juvenile at the time of offence.
"It is not in dispute that the 13 petitioners have been held by Juvenile Justice Board to be juveniles at the time of the commission of the offence. They shall immediately be released on interim order bail on furnishing personal bonds," the bench said.
The court put the matter for consideration after three weeks.
Last week, the top court issued notice to the Uttar Pradesh government on the petition highlighting "unfortunate" and "sorry state of affairs".
The plea contended despite clear and unchallenged rulings from the Juvenile Justice Board (JJB) that they were all below the age limit of 18 years, yet no steps have been taken to release them forthwith.
According to the Juvenile Justice (Care and Protection of Children) (Amendment) Act, 2006, the plea of juvenility can be raised at any stage and even after final disposal of the case.
In their case, the JJB, through its orders between February 2017 to March 2021, categorically held that all these petitioners were below 18 years of age on the date of the alleged incident and were thus, declared juvenile, their petition claimed.
However, in the instant case, the petitioners suffered prolonged incarceration amongst hardcore criminals thereby completely negating the purpose and objects of JJ Act, the petition contended.
They asked the court to pass necessary orders for releasing them forthwith within the spirit of Article 21 (right to life and liberty) of the Constitution.
Though in majority of the cases their statutory criminal appeal are pending before the High Court against their conviction under various IPC offences, but "the necessity and the need of hour is to direct release of these petitioners in view of the fact that not only they are declared juvenile but they have already undergone a maximum period of detention provided under the JJ Act, 2000, i.e., three years," their plea stated.