The Hindu : Front Page : Court orders probe into Ajmal’s age

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Court orders probe into Ajmal’s age

Staff Reporter

To be done under Juvenile Justice Act

Medical examinations will be conducted
Prosecution will present two witnesses on April 28

Mumbai: The special sessions court at the Arthur Road jail on Friday ordered an enquiry into the age of Ajmal, the accused in the Mumbai terror attack case, to determine whether he is a major or a minor.

Accordingly, medical examinations comprising a dental check-up (X-rays of teeth) and ossification test (bone age) will be conducted.

A report on Ajmal’s age will be prepared by medical experts. The court will convene on April 28 to examine the medical and other evidence.

The prosecution will present two witnesses on April 28 to testify to Ajmal’s age. One is the doctor who examined him on his arrest and the other is the superintendent at the Arthur Road jail. The prosecution did not press for examination by the magistrate.

The judge M. L. Tahaliyani ruled in favour of an enquiry to avoid the possibility of the issue cropping up at any point during the trial.

When the defence had first claimed that Ajmal was a minor, Mr. Tahaliyani had rejected the claim as he did not entertain a doubt.

However, he had left the option for conducting an enquiry open. When Special Public Prosecutor Ujjwal Nikam moved an application for a probe and defence lawyer Abbas Kazmi did not object to it, the judge found that the plea was genuine. In peculiar circumstances of this case, it would be apt to hold an enquiry, Mr. Tahaliyani noted.

Enquiry

He said the enquiry will be conducted as per Section 7 (a) of the Juvenile Justice Act (Care and protection of children) and not as per Rule 12 as Mr. Kazmi had demanded. Section 7(a) lays down the procedure to be followed whenever a claim of juvenility is made. Rule 12 speaks of procedures applicable with respect to the Juvenile Justice Board.

Mumbai Terror-Comprehensive Coverage

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