Court notice to J&K on undertrial’s age

Tribune News Service

Chandigarh, August 13

About two months after the Pathankot Sessions Judge ordered the medical examination of an accused in the Kathua rape-murder case to determine his age, the Punjab and Haryana High Court on Monday put Jammu and Kashmir on notice.

Giving details of the proceedings before Justice Anita Chaudhary’s Bench, the petitioner’s counsel, Chandan Sharma, said the High Court was told that it could entertain appeals against the Pathankot court’s orders. Sharma said he also placed before the Bench a Supreme Court order dated July 9, clarifying that the appeal against the orders of the trial court at Pathankot were maintainable before the High Court in Chandigarh.

Describing himself as a juvenile, the petitioner had stated that the court below, vide an impugned order dated June 12, passed “illegal directions” for subjecting him to a medical test. The court ignored original certificates produced before it, which substantially proved his age, he added.

Seeking directions for allowing the revision petition by setting aside the order, the petitioner also prayed for treating him as per provisions of the Juvenile Justice Act after the determination of his age on the basis of the documents produced. The petitioner said he was falsely implicated and arraigned as an accused in the FIR dated January 12, registered at Hiranagar police station in Kathua under the Ranbir Penal Code.

The trial in the case commenced before the court of the Pathankot Sessions Judge in accordance with the directions and an order dated May 7 passed by the apex court. It was evident that the petitioner was a juvenile in conflict with law (JCL) as per the mandate of the J&K Juvenile Justice Act, 2013.

His counsel said it was incumbent on the investigation agency’s part to treat the petitioner under provisions of the Juvenile Justice Act. But the investigation agency, in contravention of the Act, arrested the petitioner and he was in jail for the past over three months, it was argued.

Seven of the accused are facing trial in the Pathankot court on the Supreme Court’s directions, while the eighth one is on trial in a juvenile court in Kathua.