Supreme Court Criticizes Misuse of Juvenility Claims in Serious Offence Convictions

Keywords: Supreme Court, juvenility claims, serious offences, frivolous petitions, Juvenile Justice Act, Chief Justice of India, judicial time

The Supreme Court has expressed concern over the increasing misuse of juvenility claims by individuals convicted of serious offences, who file petitions long after their appeals have been dismissed, claiming to have been juveniles at the time of the offence.

Background

A 2012 Supreme Court ruling allows convicts to raise the plea of juvenility at any time, even after the dismissal of their appeal by the Supreme Court. This, combined with the Juvenile Justice Act which bars incarceration beyond three years for juveniles, has led to an influx of such petitions.

Chief Justice of India’s Remarks

Chief Justice D Y Chandrachud, along with Justices PS Narasimha and J B Pardiwala, faced a plea of juvenility from a convict over a year after his appeal against conviction was dismissed by the Supreme Court. The convict was initially convicted in 1999 for a 1997 murder, and his conviction was upheld by the Madhya Pradesh High Court in 2017. Throughout the 27 years of legal proceedings, he had never mentioned being a juvenile at the time of the offence.

The CJI-led bench scrutinized his plea due to the Supreme Court’s October 10, 2012, judgment in the Abuzar Hossain case, which ruled that a claim of juvenility could be raised at any stage, even after the final disposal of the case. The bench found the convict’s plea to be baseless, as the supporting documents, including a bogus birth certificate and a sarpanch’s panchnama, were found to be unsubstantiated.

Court’s Decision

The Supreme Court dismissed the convict’s plea and emphasized that the exception carved out by the 2012 judgment was being misused. Chief Justice D Y Chandrachud stated, “Just because an exception was carved out by the Supreme Court judgment, this is how the law is being misused… The convicts must be careful in filing such applications in future.”

Legal Framework

Section 9(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015, mandates that whenever a claim of juvenility is raised before any court, the court must conduct an inquiry and gather necessary evidence to ascertain the validity of the claim.

Conclusion

The Supreme Court’s remarks highlight the need for stringent scrutiny of juvenility claims to prevent the misuse of legal provisions intended to protect genuine juveniles. The judiciary aims to ensure that the exception provided by the 2012 judgment is not exploited to evade justice.

For ongoing updates and detailed coverage of legal and judicial developments, visit Kanishk Social Media. If you found this article informative, please share it with others interested in legal justice developments.