Kerala HC dismisses petition challenging JJB order in Alappuzha murder case

The Kerala High Court has dismissed a petition challenging an order of the Juvenile Justice Board, Alappuzha, permitting the police to transport for evidence recovery the children in conflict with the law (CCL) accused in a murder case in Alappuzha.

Justice G. Girish held that the 13 conditions imposed by the board in its order allowing escorted movement of the three CCL for evidence recovery were sufficient to safeguard them from social stigma. The petitioners, the CCL, had argued that the escorted movement would subject them to public gaze and break their anonymity.

While the court agreed that the CCL could not be taken out of the observation home to the places of evidence recovery without being seen in public, it observed that the police could take appropriate steps to avoid onlookers gathering.

The CCL are accused of the murder of a man in Alappuzha. The allegations also include theft of gold ornaments from the house. They argued that the board’s order was inherently defective and that an investigation procedure not provided in the Juvenile Justice Act, 2015, could not be adopted in cases involving CCL.

The court held that there was no bar to adopting a procedure of law in the investigation involving CCL if it strictly adhered to the cardinal principles for the care and protection of the children, enshrined in the Act.

The court found that there was no provision in the Act creating immunity for a CCL from investigation merely because the accused was a child.

The board had directed the Special Juvenile Police Unit (SJPU) to interview the CCL, observing that an interview would be sufficient to gather information on any other accused involved, social media accounts, purchase and disposal of gloves, stolen gold ornaments, SIM card, and the dress worn by the CCL at the time of the alleged crime. The High Court noted that the board had allowed the escorted movement after considering the results of the interview conducted by the SJPU, since the investigating officer needed the CCL’s presence to gather further information. 

The conditions imposed by the board included that they would not be tortured, a medical examination would be conducted before travel, and after return to the observation home, the movement would be restricted to the purposes mentioned by the officer; they would be transported in unidentifiable vehicles, no media access near the proceedings, movement away from public view, and so on.