Thirteen convicts, who were declared juveniles at the time of commission offence and are currently lodged in Agra Central Jail, have moved the Supreme Court seeking immediate release stating that they have been lodged in “hardcore jails with hardcore criminals.”
The plea filed through advocate Rishi Malhotra stated that after a public interest litigation was filed in the Allahabad High Court in 2012, there were directions to the Juvenile Justice Board to dispose of applications regarding juvenility of prisoners.
Pursuant to that, all thirteen petitioners were declared juveniles at the time of commission of offence.
Despite clear and unchallenged rulings from Juvenile Justice Board declaring the petitioners as juveniles with clear findings that they were all below the age limit of 18 years, no steps have been taken to release them, the plea said.
It shows the unfortunate and sorry state of affairs in Uttar Pradesh, it added.
"The miseries are further compounded by the fact that these petitioners who are languishing in Agra Central Jail have already undergone judicial incarceration for periods ranging from 14 years to 22 years," the petition stated.
The plea contended that as per Section 15 read with Section 26 of Juvenile Justice Act, 2000 the maximum period of incarceration is 3 years and such incarceration has to be in Juvenile homes
"However, here is the case where the petitioner languishes in hardcore jails amongst hardcore criminals thereby completely negating the purpose and objects of Juvenile Justices Act," the plea said.
The petition further stated that in majority of the thirteen cases, statutory criminal appeals are pending before the High Court against their conviction under various IPC offences.
However, the need of hour is to direct "immediate 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 Juvenile Justice Act," the petition stated.