Mumbai High Court criticizes Pune Police over handling of Porsche accident case involving minor

Senior advocate Abad Ponda argued the minor's fundamental rights were breached, raising concerns about legality of re-arresting him after bail.
Mumbai High Court criticizes Pune Police over handling of Porsche accident case involving minor
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Pune: The Mumbai High Court on Friday (June 21) expressed strong criticism of the Pune Police's handling of the Porsche accident case, particularly questioning the procedural lapses concerning the minor accused. The bench, led by Justice Bharti Dangre, inquired under which law the minor was granted bail and the reasons for his subsequent re-arrest.

The accident, which tragically claimed two lives, also had significant repercussions for the involved minor, the court noted. It announced that the verdict on this contentious issue would be delivered on June 25.

The case saw a fresh twist when Pooja Jain, the aunt of the minor, challenged the police actions by filing a habeas corpus petition through advocate Swapnil Ambure. The petition was heard in the High Court on Friday.

Senior advocate Abad Ponda, representing the petitioner, argued that the minor's fundamental rights were breached. He raised concerns about the legality of re-arresting the minor after he had been granted bail. Government advocate Hiten Venegaonkar countered that no relative had come forward to claim the minor, and that all blood relatives were currently in custody.

The Pune Police recently submitted a comprehensive investigation report on the tragic Kalyani Nagar accident to the Juvenile Justice Board (JJB), detailing the entire sequence of events and various stages of the investigation. The High Court's pointed questions underscore the judicial scrutiny of police procedures in cases involving minors and highlight concerns about the protection of juvenile rights.

During the hearing, the court posed several critical questions to the police:

  • Why did the police not file an application to cancel the bail granted to the minor by the Juvenile Justice Board?

  • What justified the re-arrest of the minor after he had been granted bail?

  • The minor is currently detained in an observation home.

  • Is this not a form of detention?

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