Claim of Juvenility VIII

Posted on by Rudrajyoti Nath Ray

The procedure provided under Sections 15 and 19 of JJ Act, 2015 has been held to be ‘mandatory’ by this Court in Ajeet Gurjar v. State of Madhya Pradesh, 2023 SCC Online SC 1255. Court held, ‘may’ in Section 19(1) be read as ‘shall’. As can be seen, there has been a flagrant violation of ‘mandatory’ requirements of Sections 15 and 19.

The matter was remitted back to Sessions Court in Ajeet Gurjar for complying with requirements of Section 19(1). This is not a fit case warranting de novo proceedings. Directing such an exercise at this stage would be sheer futility because now Thirumoorthy is nearly 23 years of age. Thirumoorthy to be released forthwith, unless required in any other case.

– Hon’ble Justice Sandeep Mehta, Thirumoorthy v. State, [Special Leave Petition (Criminal) No. 1936 of 2023].

'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.