Delhi High Court Orders Release Of Child In Conflict With Law, Incarcerated In Observation Home Despite Bail

The Delhi High Court on Wednesday directed the release of a child in conflict with law who was incarcerated in an observation home despite an order passed by the Juvenile Justice Board granting him bail. The Court's order is subject to furnishing of bail bond.

Justice Vipin Sanghi and Justice Jasmeet Singh was dealing with a habeas corpus petition moved by Delhi Commission for Protection of Child Rights (DCPCR) stating that the child in conflict with law aged 16 years was taken into custody in October this year and was in custody for about 7 weeks.

It was the case of the DCPCR that the child in conflict with law was granted bail by the JJ Board under Section 12 of the Juvenile Justice (Care and Protection) Act, 2015 vide order dated November 29, 2021. However, it was stated that the child was not released till date for want of fulfilment of bail conditions.

Advocate Vrinda Grover appearing on behalf of DCPCR referred to sec. 12(4) of the Juvenile Justice Act which states that when a child in conflict with law is unable to fulfil the conditions of bail order within seven days, such child shall be produced before the Board for modification of the conditions of bail.

In this backdrop, it was submitted thus:

"This child in conflict in law has now been in illegal custody since mid October. I have an order in my favour. I have not been produced for modifying the bail conditions, clearly I am belonging from poorer sections of society. I am not able to meet the bail conditions. The law says modify the bail conditions and you shall release him on bail. That order was passed on November 29."

On the other hand, the counsel appearing for the Delhi State Legal Services Authority submitted, on the instructions of legal aid lawyer, that the bail bond of the child in conflict with law was being tendered today itself.

"The issue is the difference of opinion between the Principal magistrate and two social worker members. The board consists of three. The Principal Magistrate conducted a proceeding on November 29, issue of bail was kept pending. Matter was taken up by two social worker members, they granted bail. In response to bail order, the Principal Magistrate served show cause notice to board members. That is the dispute causing delay," he added.

Issuing notice on the plea, the Court recorded the submission of the DSLSA counsel and ordered that in case the bail bond of the child in conflict with law is furnished today, he shall be released today itself.

The Court also ordered that a status report be filed, while re-notifying the matter for further hearing on Friday.

According to the petition, the child in conflict with law was not produced before the JJ Board for modification of bail conditions within 7 days of bail order on December 5 since he was unable to meet the conditions of bail.  It was submitted that the was the child in conflict with law was instead produced before the Board after a lapse of 8 days on December 13.

On December 13, the child was once again sent back to the Observation Home without modifying the bail conditions.

The petition sought issuance of broad guidelines to be followed when the Juvenile Justice Board in deciding the bail applications of children in conflict with law and also to define the responsibilities of Legal Aid Counsel as well as the Observation Homes.

It also sought imposition of conditions by the Board which can easily be complied in the interest of child in conflict with law.

Case Title: DCPCR v. GNCTD & Ors.