ats: Hc rescinds Ats’ request to treat 17-year-old as an adult | Aurangabad News

Aurangabad: The Bombay High Court in Aurangabad recently dismissed an appeal for criminal review by the Maharashtra Counter Terrorism Team (ATS) seeking court instructions to treat a 17-year-old suspect in a counter-terrorism case as an adult for trial.
The ATS had challenged a May 25, 2021 order from an Aurangabad Magistrate’s Court that upheld the Juvenile Justice Board (JJB) Aurangabad’s October 1, 2019 order dismissing a plea to try the teenage suspect as an adult. “The sine qua non (an essential condition) to try the child in conflict with the law (CCL) as an adult for committing a heinous offense is a minimum sentence of seven years. This matter is no longer res integra (a matter or matter that has not been considered or forwarded),” the Bench of Justice MG Sewlikar said in a March 16 ruling, while relying on a few court rulings. the Supreme Court, who have dealt with the issue extensively in the past.
“The JJB scholar considered that none of articles 18, 20, 38 and 39 (of the UAPA) provide for a minimum sentence of seven years,” observed the bench.
“The ground for review is devoid of any substance and is therefore rejected. The learned JJB made no error in dismissing the application…and the learned court of appeal made no error in dismissing the appeal,” the bench said, referring in detail to the provisions of the law. on Juvenile Justice (JJ) relating to the term heinous crime and how and when a person under the age of 18 should be treated as an adult in a trial for heinous crimes.
On January 17, the HC bench reserved the case for final decision after arguments were completed by attorneys representing the ATS and the respondent-suspect.
Special Prosecutor Mangesh Jadhav, representing the ATS, had argued that the Unlawful Activities (Prevention) Act (UAPA) was a scheduled and special law and that the case was also being investigated by the National Investigation Agency (NIA). ) and therefore the child in conflict (CCL) with the law must be treated as an adult.
Attorney SY Firdose, representing the underage suspect, told the court that none of the UAPA sections invoked against the CCL carries a minimum sentence of seven years, which is the basic ingredient of a felony. heinous and the basic requirement for a CCL to be tried as an adult.
The HC also referenced Section 15 of the JJ Act which provides that the JJB “make an assessment of heinous offenses to determine whether CCL should be tried as an adult”. Such an assessment, involving the assistance of experienced psychologists or psychosocial workers or other experts, covers aspects such as the mental and physical capacity of the CCL to commit a heinous crime, the ability to understand the consequences of the offense and the circumstances in which the alleged crime is committed.

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