High Court Sets Aside Dismissal of Juvenile Appeal on Technical Grounds

07 May 2024 8:19 AM

By: Admin

In a significant ruling, the High Court of Punjab and Haryana has set aside the dismissal of an appeal filed by a juvenile petitioner on the grounds of being time-barred. Hon'ble Mr. Justice Karamjit Singh, presiding over the case, emphasized the court's duty to impart justice and directed the matter to be reconsidered on its merits without insisting on technicalities.

The petitioner, Mohd. Israr, a child in conflict with the law, had challenged the order of the Principal Magistrate of the Juvenile Justice Board, which erroneously treated him as an adult. The appeal against this order was dismissed by the Court of Additional Sessions Judge solely based on the limitation period for filing the appeal. However, the petitioner's counsel argued that the petitioner, being a minor, lacked knowledge of legal technicalities and requested the court to condone the delay in filing the appeal.

Justice Karamjit Singh, in his judgment, expressed disappointment over the dismissal of the appeal and stated, "It is the duty of the Court to impart justice...the Court should have decided the matter in question on merits without going into hyper technical ground of limitation, while keeping in mind the fact that the petitioner is a juvenile." The State counsel also concurred with the petitioner's contention, acknowledging that the appeal should have been decided on its merits rather than on technical grounds.

Consequently, the High Court allowed the petition, setting aside the dismissal order and remanding the matter back to the Court of Additional Sessions Judge for fresh consideration on its merits. The court directed both parties to appear before the concerned court on July 4, 2023.

This landmark decision reinforces the principle that the court's primary responsibility is to ensure justice is served, particularly in cases involving juveniles. The judgment highlights the importance of considering the unique circumstances and limitations faced by minors in the legal process, advocating a more compassionate and holistic approach towards the administration of justice.

Date of Decision: 02.06.2023

Mohd. Israr vs State of Haryana