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Saturday, 15 August 2020

Larger Bench to decide on pre-arrest bail for juveniles

Saurabh Malik

Tribune News Service

Chandigarh, August 14

Taking cognisance of difference in interpretations regarding maintainability of pre-arrest bail pleas filed by juveniles, the Punjab and Haryana High Court has referred the matter to the Chief Justice for the constitution of a larger Bench.

"Impelled by the difference in interpretation with respect to maintainability of an application by a juvenile for grant of pre-arrest bail under the provisions of the CrPC vis-a-vis Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, between the Benches of the coordinate strength of this court, the present reference is being made," asserted Justice Anil Kshetarpal.

VARIANCE IN INTERPRETATION

Impelled by the difference in interpretation with respect to maintainability of an application by a juvenile for grant of pre-arrest bail under the provisions of the CrPC vis-agrave;-vis Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, between the Benches of the coordinate strength of this court, the present reference is being made. —Justice Anil Kshetarpal, Punjab and Haryana High Court

Taking up a plea filed against Haryana by a juvenile, Justice Kshetarpal also directed the placing of the documents before the Chief Justice for constituting the Bench of "appropriate strength" for resolving the difference.

Justice Kshetarpal noted that the question involving interpretation was whether a juvenile was entitled to maintain an application under provisions of the CrPC for grant of pre-arrest bail in view of Section 12 of the 2015 Act.

Referring to no less than five judgments, Justice Kshetarpal asserted that on one hand, it had been interpreted that the an application for pre-arrest bail under the provisions of the CrPC was not maintainable in view of the non obstante clause in Section 12 of the Juvenile Justice Act and on the other, it had been held that provisions of the 2015 Act were in addition and not derogation of the rights of juveniles to seek pre-arrest bail.

Justice Kshetarpal observed that it had been held that the right to maintain the application for pre-arrest bail could not be interpreted in a manner to impair the entitlement of a juvenile to file an application under the CrPC.

Before parting with the order, Justice Kshetarpal added that the court found that there was apparent conflict in the interpretations given by the Benches of the coordinate strength, which in spite of the best efforts could not be reconciled, and the interpretation of law could not be left in a state of flux. "At this stage, it will be appropriate to note that different High Courts have also interpreted the provisions in a diametrically opposite manner," Justice Kshetarpal asserted.



from The Tribune https://ift.tt/3iKQkWK

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