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Teenager released from observation home after Porsche accident in Pune: Supreme Court

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Mumbai:

The teenager accused in the Porsche accident in Pune must be released from custody immediately, the Bombay High Court ruled today. The nighttime accident involving the 17-year-old boy in a Porsche on May 19 killed two 24-year-old engineers and sparked nationwide outrage.

“We are bound by the law and the objectives of the Juvenile Justice Act and must treat him like any other child in conflict with the law, separately from adults, irrespective of the gravity of the crime,” said the panel of judges Bharati Dangre and Manjusha Deshpande.

The court observed that the juvenile court’s order to send him to an observation home was illegal and without jurisdiction. It clarified that the teenager is undergoing rehabilitation and has been referred to a psychologist and these sessions are continuing. The court observed that rehabilitation is the “primary objective”. “The CCL (child in conflict with the law) is below 18. His age must be taken into consideration,” the court said.

The ruling came on a habeas corpus petition filed by the boy’s aunt, who had requested his release from a state observation home. The teenager will now be in his aunt’s care since his parents and grandfather were arrested in an attempted cover-up.

Prashant Patil, the lawyer for the boy’s aunt, said that Section 12 of the Juvenile Justice Act is clear: a child who is in conflict with the law cannot be imprisoned. “Our case was simple. Legally speaking, a child who is in conflict with the law cannot be imprisoned in the manner that was done in this case.”

Late in the evening of May 19, a Porsche driven by the teenager crashed into a motorcycle at high speed. The engineers Ashwini Kostha and Aneesh Awadhiya, who were on the motorcycle, died at the scene. According to eyewitnesses, the teenager, who was travelling with two friends, was heavily drunk at the time of the accident. Video footage from a bar he had visited showed him drinking with his friends before the accident. The teenager was beaten up by the crowd that had gathered at the accident site and handed over to the police.

Within 15 hours of the accident, the teenager, son of a well-known Pune real estate agent, was released on bail. The juvenile court’s bail conditions were widely viewed as meager and sparked widespread outrage – he had to write a 300-word essay on accidents, cooperate with traffic police for 15 days and undergo treatment for his drinking addiction. Amid public outrage, the juvenile court changed its order and sent the teenager to an observation home.

Police investigations, meanwhile, revealed shocking attempts by his family members to cover up the matter. The investigation found that blood samples were switched to falsify the teenager’s report and that the family driver was threatened and told to take the blame. As the investigation expanded, police arrested the boy’s parents and his grandfather.

Earlier this month, the boy’s paternal aunt approached the Bombay High Court challenging the boy’s detention. The petition said the order to keep the teenager in an observation home was a “complete violation” of the Juvenile Justice (Care and Protection of Children) Act, 2015.

“It is alleged that the CCL (child in conflict with the law) was driving and was driving under the influence of alcohol at the time of the accident. Before going into the other important facts relevant to the decision of the present petition, it must be highlighted that whatever way one looks at this unfortunate incident, it was an accident and the person alleged to have driven the vehicle was a minor,” the complainant said.

The high court had earlier observed that while two people had lost their lives, “the child had also suffered trauma.” It had also asked the police about the provision under which the juvenile court had modified its bail order. The court observed that the police had not filed an application in a higher court seeking the cancellation of the bail order of the committee.

“What kind of remand is this? What powers are there to order remand? What kind of procedure is this where a person is granted bail and then remand is ordered and he is taken into custody,” the court said.

“He was released on bail, but now he is in an observation home. Isn’t that detention? We would like to know where your power comes from,” the court had asked, adding that it expected the juvenile court to be responsible.

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