CHENNAI: Holding that the provisions of the Juvenile Justice (Care and Protection of Children) Act provide for a ‘categoric embargo’ on joint trial of a child in conflict with law along with adults in a criminal case, the Madras High Court has set aside the sentence of life imprisonment imposed on a juvenile and ordered his release on bail.
The order was passed by a division bench of Justices Anita Sumanth and Sunder Mohan recently on a petition filed by M Saveetha of Mayiladuthurai seeking to release her son, who had been in custody since June 2023 and was later sentenced to life imprisonment by the district and sessions court of Mayiladuthurai in 2025 for the murder of Vanniyar Sangam leader Kannan. The juvenile was part of the gang that committed the murder on August 17, 2022, due to caste enmity.
The juvenile, who was 17 years and five months old at the time of the crime, was tried along with the adult accused by the Mayiladuthurai court. Challenging the sentence and detention, his mother filed a habeas corpus petition in the court.
The bench remarked that the reasoning of the district and sessions judge that the counsel for the child had requested for a joint trial flies in the face of Section 23 r/w Section 3 (ix) of JJ Act, which places a ‘categoric embargo’ against a juvenile being tried along with an adult.
The bench said that the condition of a separate trial is not liable to be waived.
It held that the jurisdiction assumed by the district and sessions court in Mayiladuthurai deciding to hold a joint trial is utterly bad in law and vitiates the proceedings in entirety.”
“The sequitur is that the trial is vitiated, and consequently, the finding of guilt and sentence is liable to be set aside,” the bench said, adding that it is remanding the matter back to the children’s court in the interest of justice for retrial.
It ordered the release of the child on bail with certain conditions.
The bench directed the respondent authorities to pay a compensation of Rs 1 lakh to the child.