SC orders release of prisoner after 25 years, recognises him as a minor at time of offence
New Delhi: The Supreme Court on Wednesday (January 8) ordered the release of a prisoner who had been incarcerated for nearly 25 years after determining he was a juvenile at the time of the offence in 1994.
A bench comprising Justice MM Sundresh and Justice Aravind Kumar found that the appellant, Om Prakash, was only 14 years old when the offence occurred.
Om Prakash, initially sentenced to death for murder, had raised the plea of juvenility during the sentencing stage. However, the trial court dismissed his claim, citing his statement under s. 313 of the Code of Criminal Procedure and the fact that he held a bank account. The High Court upheld this judgment, and the Supreme Court dismissed his appeal, affirming the death sentence.
Later, Om Prakash filed a curative petition before the Supreme Court, presenting a school certificate indicating his minor status at the time of the offence. The State of Uttarakhand also certified his age as 14 years at the time. Despite this, the curative petition was dismissed.
In 2012, his mercy petition to the President resulted in the commutation of his death sentence to life imprisonment, with a condition that he would remain incarcerated until he turned 60. Subsequently, an ossification test confirmed his age as 14 at the time of the crime. He also obtained information under the RTI Act showing that minors could open bank accounts. In 2019, he challenged the Presidential order in the High Court of Uttarakhand, which dismissed his plea, citing the limited scope of judicial review over Presidential orders. He then appealed this judgment in the Supreme Court.
During the proceedings, the Supreme Court sought updated instructions from the State regarding its earlier admission in the curative petition about his juvenility. The State reaffirmed that he was a minor at the time of the offence.
The Court observed that injustice had been inflicted at every stage due to the failure of the judiciary to address the appellant's juvenility plea. Justice Sundresh, authoring the judgment, stated that the reliance on Om Prakash's statement under s. 313 of CrPC was erroneous, particularly when the statement itself suggested he was only 14 years old at the time of the crime.
The Court criticised the High Court for ignoring s. 9(2) of the Juvenile Justice Act 2015, which permits juvenility claims to be raised at any stage. It also noted that the appellant had suffered prolonged incarceration due to judicial errors, depriving him of the opportunity to reintegrate into society.
Ordering his immediate release, the Court clarified that its judgment was not a review of the 2012 Presidential order but the application of the 2015 Act to a deserving individual. It directed the Uttarakhand State Legal Services Authority to facilitate his rehabilitation and reintegration, including access to welfare schemes for livelihood, shelter, and sustenance under Article 21 of the Constitution. The State was also instructed to assist him in availing these schemes.
Senior Advocate Dr S. Muralidhar represented the appellant, with legal assistance provided by Project 39A of National Law University Delhi. ASG KM Nataraj appeared for the State.
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Bihar: Over 150 children fall ill after consuming 'mid-day meal' in Saharsa
Saharsa (PTI): More than 150 children were taken ill after allegedly consuming food that was part of the mid-day meal in a school in Bihar’s Saharsa district, a senior official said on Thursday.
The incident occurred at a middle school in Baluaha village of the district.
The official said that 115 children were undergoing treatment at the Sadar Hospital, while around 50 students were admitted to Mahishi Public Health Centre.
“We received information that several children fell ill after consuming the mid-day meal in Baluaha. The children were initially treated at the primary health centre, but later, many were referred to the Sadar Hospital,” Saharsa District Magistrate Deepesh Kumar told reporters.
“According to doctors, the health condition of the children has improved, but they will be kept under observation for some time. There is no need to panic. Some kids are having mild fever. They are being treated accordingly,” Kumar said.
Meanwhile, family members of some children claimed that a snake was found in the container in which cooked pulses was stored at the school.
Of the 545 students present in the school, 200 had already eaten their meals by the time the snake was spotted, and later complained of stomach ache and vomiting, they said.
Regarding the claims, the DM said food samples have been collected from the school.
“We will be able to comment on this only after the results of the tested samples arrive,” he said.
