Pune Porsche Accident | Bombay High Court Denies Urgent Relief To Minor's Aunt Seeking His Release From Custody

The Bombay High Court on Friday declined urgent relief for the minor accused in the Pune Porsche crash case while hearing a habeas corpus petition filed by his paternal aunt, seeking his release claiming that he is unlawfully and arbitrarily detained in an observation home.

A division Justice Bharati Dangre and Justice Manjusha Deshpande said that as the minor had been in the observation home since May 21, 2024, there was no urgent need for an interim order, and posted the matter on June 20, 2024.

The petition contends that the juvenile had been unlawfully taken from the custody of his grandfather, who was initially responsible for him following the grant of bail, and placed in an observation home without proper review of the earlier order.

“How could he be taken away from the custody of his grandfather and put in an observation home that too by recalling, reviewing the earlier order of 19th May 2024 is something that is completely in contravention to law and this Hon'ble Court must seriously look into this aspect. There was no application moved by the investigating agency under Section 439(2) of Cr. P.C. on 22nd May 2024. The application moved by the investigating agency has no prayer clause and was not legally maintainable”, he petition reads.

The minor, who is the son of a prominent builder in Pune, was involved in a car accident on May 19, 2024 where his Porsche collided with a motorcycle in the Kalyani Nagar area, resulting in the deaths of two individuals. He had allegedly been drinking at a pub with friends before driving.

The juvenile was initially charged with rash and negligent driving, endangering life, and causing death by negligence under Sections 304A, 279, 337, and 338 of the IPC, along with provisions of the Maharashtra Motor Vehicles Act. He was granted bail on May 19, 2024 but was subsequently remanded to an observation home. His parents as well as grandfather are also in judicial custody in different cases related to the car crash.

The plea, filed through advocate Swapnil Ambure, argues that the Juvenile Justice Board's (JJB) decision to detain the minor was unlawful. The petition contends that the juvenile should be protected under the Juvenile Justice (Care and Protection of Children) Act to ensure he does not become a hardened criminal. It also challenges the orders of May 22, 2024 and June 4, 2024, which extended his detention in the observation home, claiming they were made without proper legal basis.

Senior advocate Abad Ponda for the petitioner sought immediate release of the minor and sought time to amend the petition to include the JJB's June 13, 2024 order extending the detention.

The court refused to grant immediate relief but allowed time for the petitioner to amend the petition.

The petition also claims that public sentiment and media reports on the judicial process, swayed the judge against the minor. The plea read:

“ the Special Judge seemed to have swayed away by the pressure of media reports. The Petitioner by no means is commenting upon the integrity and the substantiveness of a Judicial Officer, but is only trying to highlight that in the present matter, the media is playing a huge part and one can easily see how a member of the Juvenile Justice Board is hounded. The intervention of this Hon'ble Court in the present case is essential to protect the spirit of justice. If an offence is said to have been committed, there is a process which is enacted and one cannot bypass the same not even under the powerful push of the mainstream media.”

The petition states that High Court intervention is required to uphold the legal process and prevent media influence from bypassing judicial procedures.

“The record available on the social media, news article and WhatsApp messages which are circulated every-where would show that the CCL and his family have already suffered enough and continue to suffer as it is very difficult to regulate such hate campaign. against the family”, the petition adds.

Pending the disposal of the plea, the petitioner has sought temporary release of the minor from alleged unlawful incarceration.

Case Title – Pooja Gagan Jain v. State of Maharashtra and Anr.