Passing the order, a bench of Chief Justice P Sathasivam and Justices Ranjana Desai and Ranjan Gogoi agreed to examine in detail the larger issue of whether the age of juvenility should be lowered from the present 18 years in heinous crimes? The order came on a petition by Subramanian Swamy who had sought interpretation of Juvenile Justice (Care and Protection of Children) Act, 2000 to try minors accused of committing heino8us crimes by ordinary courts. Swamy's locus standi to intervene in a criminal case was questioned by additional solicitor general Sidharth Luthra and the juvenile's counsel A J Bhambani, both arguing that the law frowns upon intervention by a third party in a criminal proceeding.
Justice Gogoi, writing the judgment for the bench, upheld Swamy's locus standi to seek an answer to the broader question, which would affect not only the juvenile in the Nirbhaya case but all such cases in future. "All that the petitioners seek is an authoritative pronouncement of the true purport and effect of the different provisions of the JJ Act so as to take a juvenile out of the purview of the said Act in case he had committed an offence, which, according to the petitioners, on a true interpretation of Section 2(p) of the Act, is required to be identified and distinguished to justify a separate course of action, namely, trial in a regular court of law as a specific offence under the Penal Code and in accordance with the provisions of the Code of Criminal Procedure," the bench said.
"We are, therefore, of the view that it would be appropriate for us to hold that the special leave petition does not suffer from the vice of absence of locus on the part of the petitioners so as to render the same not maintainable in law. We, therefore, will proceed to hear the special leave petition on merits and attempt to provide an answer to the several questions raised by the petitioners before us," it said.
On learning that pendency of the petition had resulted in stalling of proceedings before the JJ Board against the juvenile accused in the Nirbhaya case, the bench said, "We make it clear that it is now open for the board to proceed further in the matter and render such orders, in accordance with law, as may be considered just, adequate and proper."
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