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Minor boy sent to Tihar

Staff Reporter

NEW DELHI: Two minor brothers were allegedly picked up by the police in South Delhi on December 5 and later one of them was arrested on charges of carrying arms and the other under preventive sections. One of them allegedly spent about a week in Tihar Central Jail when "Haq: Centre for Child Rights", a non-government organisation, moved a court seeking his transfer to an observation home claiming he was a minor.

According to Haq, the mother of the minors contacted the NGO on December 5 alleging that the police had picked up two of her sons. Unable to trace them, she intimated the authorities concerned through telegrams and sought their help. A day later, she moved a habeas corpus petition in the Delhi High Court.

"The police were asked to submit a status report by December 11. The Lajpat Nagar police had arrested the younger boy under Sections 107 and 151 of the Code of Criminal Procedure on December 7 and let him off the next day. The elder one was arrested under the Arms Act a day earlier and sent to Tihar Jail after being produced in a Patiala House court," said Vipin Bhatt of Haq, adding that the elder boy was sent to jail despite being a minor.

The boy was shifted to an observation home after the NGO moved an application informing the Patiala House court of the fact. The Juvenile Justice Board then took up the case. Although the police denied having any knowledge that the accused was a minor, the NGO said last year too the Lajpat Nagar police had arrested him on charges of stealing, which was later dropped, and keeping stolen property.

"Then also the boy had spent about a month in Tihar Jail before he was shifted to an observation home after we intervened," said Mr. Bhatt.

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