13 juvenile convicts have moved to the supreme court for their release, after spending 13 to 22 years in jail.
13 convicts who were declared juvenile at the time when they committed the crime are currently kept in Agra Central Jail, these convicts have moved to the supreme court asking for immediate release. They stated that they have been lodged in hardcore jails with hardcore criminals in Agra central jail.
The plea filed through advocate Rishi Malhotra stated that after public interest litigation was filed within the Allahabad court in 2012, there have been directions to the Juvenile Justice Board to get rid of applications regarding juvenility of prisoners.
Pursuant thereto, all thirteen petitioners were declared juveniles at the time of the commission of offense.
Despite clear and unchallenged rulings from the Juvenile Justice Board declaring the petitioners as juveniles with clear findings that they were all below the regulation of 18 years, no steps are taken to release them, the plea said.
This all shows the sorry state of affairs in Uttar Pradesh, it added. The petition also stated that the miseries are further compounded by the fact that the petitioners who are failing to make progress in Agra central jail have already gone through judicial incarceration from periods ranging from 14 years to 22 years.
The plea contended that as per Section 15 read with Section 26 of Juvenile Justice Act, 2000 the most period of incarceration is 3 years and such incarceration should be in Juvenile homes
"However, here is that the case where the petitioner languishes in hardcore jails amongst hardcore criminals thereby completely negating the aim and objects of Juvenile Justices Act," the plea said.
The petition also stated that in the majority of cases, statutory criminal appeals are pending before the High court against their conviction under various Indian penal code offenses.
The petition stated that there is a immediate need for the release of these petitioners because they were declared juvenile and not only this reason but also as they have already undergone a maximum period of detention provided under the Juvenile Justice Act.