Trial of juvenile ‘adult’ can’t be clubbed with adult accused: Delhi HC

NEW DELHI: Delhi High Court on Monday held that the proceedings of a juvenile offender being tried as an adult couldn't be clubbed with an adult accused in the same case.Justice Anish Dayal cited various provisions of the Juvenile Justice Act to conclude that "there can be no doubt that joint trials ought not to be held between a child in conflict with law (being tried as an adult) and an adult offender".The court de-tagged an ongoing trial of one such ‘child' in conflict with law (CCL), where, after a preliminary assessment, Juvenile Justice Board (JJB) declared the ‘child in conflict with law' to be psychologically and physically mature to be tried as an adult. Both individuals are accused of stabbing their school teacher in a school in Nangloi. The teacher later succumbed to his injuries, leading to police starting a murder probe."The trial as an adult before a children's court effectively means that that particular offender/child would be outside the purview of possibilities the board can adopt under sections 18(1) and (2) of JJ Act, inter alia, allowing the child to go home, direct group counselling, community service, payment of fine, release on probation of good conduct, or being directed to be sent to a special home," the high court explained, listing the safeguards provided for such CCL in law.It said a determination by JJB "plucks the child out" and directs him to a trial which is faced by, like any other adult", except it is before a children's court. Once before a children's court, it can exercise powers under Section 19 and either decide that the trial shall continue in a "child-friendly atmosphere" or otherwise there was no need for trial of the child as an adult, it added.The court emphasised that under provisions of JJ Act, the children's court is mandated to ensure that the final order could include an individual care plan for rehabilitation and that the child is sent to a place of safety till he attains the age of 21 years and then transferred to jail.In the particular case before it, the high court acknowledged that once transferred to the children's court in 2017, the trials had been clubbed together, and the case of the adult co-accused was transferred to the children's court as well. The charges were tagged together and they were framed jointly, it noted.But once the juvenile's lawyer agreed not to press for a fresh trial, the high court ordered separate proceedings for the remainder of trial."Even though, at first blush, this may seem like an unnecessary exercise, it would sanitise the process and bring it in consonance with the provisions of the Act and in tune with the legal mandate," the court observed. "Considering the prohibition is to ‘joint proceedings', there can be no doubt that the CCL must be tried independently from the adult offender and the recording of evidence relating to the rest of the witnesses and the final tail end of the trial, including the arguments, ought to be conducted independently," it added.