Pune Porsche Case: Aunt of accused files plea seeking immediate release of juvenile

MUMBAI: A paternal aunt of the minor accused in the Pune Porsche car crash case has moved the Bombay High Court, claiming that the teenager's detention was "illegal" and sought his immediate release. The boy is currently lodged at an observation home in Pune.

The petitioner, in its habeas corpus plea, stated that she was compelled to file the petition against the respondents (Pune Police) for their "abuse of process and blatant disregard" for the rule of law, further compounded by the "arbitrary and illegal detention" and its continuation under a remand order passed by the Juvenile Justice Board, Pune, in "complete violation" of the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, thereby keeping the nephew of the petitioner, the Child In Conflict with Law (CCL) , in "illegal detention."

A habeas corpus petition is filed to ensure a person under arrest is brought before a court, which determines whether the detention is legal. The petitioner further said, "The manner in which the CCL and his family have been treated, clearly denotes that the actions of the respondents (Pune Police) are illegal and continued detention of the CCL through the remand, entitles grant of his immediate release in the custody of the petitioner as sought under the petition."

"It is alleged that the CCL was behind the wheel and was driving under the influence of alcohol when the accident occurred. Before going to the other important facts that are relevant for adjudication of the present petition, it is necessary to highlight that, no matter from what perception this unfortunate incident is looked at, it was an accident and the person who was said to be driving the vehicle was a minor," the petitioner said.

The aunt further added, "It is also at this juncture necessary to highlight that even the FIR registered by the Pune Police, was registered for the offences u/s. 304 A, 279, 337, 338, 427 of the Indian Penal Code, and sections of Motor Vehicle Act, all of which are bailable offences."

The petition, filed in Bombay High Court on June 10, came up for hearing before a division bench of Justices Bharati Dangre and Manjusha Deshpande on Friday.