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Petitioner's counsel allowed to record juveniles' statements

Staff Reporter


Superintendents should furnish address of the children released from the homes to advocate

Advocate can take assistance of legal services authority for transporting children to court


Bangalore: The Karnataka High Court on Wednesday allowed an advocate to visit juvenile homes in the State and record the statement of inmates to find out whether any of them were either tortured or abused when they were in the custody of police after being detained in connection with crime.

A Division Bench, comprising Chief Justice J.S. Khehar and Justice A.S. Bopanna, also permitted advocate Sheela Ramanath or her representatives, to produce those children who say they were tortured or harassed by the police before the magistrate concerned.

“If such children give a statement against the police, complaining of abuse or torture by them, before the magistrate under provisions of the Criminal Procedure Code, then consequential proceedings shall be initiated as per law,” the Bench said.

The Bench also said the superintendents of juvenile homes should furnish the address of the children released from the homes to Ms. Ramanath to enable her to record their statement and produce them before a magistrate, if necessary.

Meanwhile, the Bench said Ms. Ramanath could take the assistance of the legal services authority for transportation for producing the children before the magistrate and to bring them back to their juvenile homes.

The court issued these directions while disposing of a public interest litigation (PIL) petition filed by Ullash Kumar, a social activist, seeking direction to the State Government and the Police Commissioner to initiate action against the police for allegedly torturing juveniles. Ms. Ramanath represented the petitioner before the court.

The petition had also brought to the notice of the court that there were no avenues open to such children to secure redressal of their grievances and there were instances of torture by the police.

In certain instances, the Karnataka State Human Rights Commission had recorded certain observations, the petitioner said.

The petition had pointed out 45 instances in which the police had allegedly harassed, including by way of giving shock treatment, juveniles detained in connection with crime.

Relief for VC

While dealing with another PIL petition complaining about admissions made in violation of norms in Tumkur University, the Bench on Wednesday accepted the affidavit of Vice-Chancellor S.C. Sharma who had given an undertaking to the court stating that the university would follow all norms laid down by the Supreme Court and the directions given by the government from time to time relating to reservation.

The Vice-Chancellor has also given an undertaking to the court stating that the university would no longer provide seats under the supernumerary quota.

In an earlier hearing, the court had pulled up Vice-Chancellor S.C. Sharma and the Registrar for not providing proper information following which the two had tendered an apology to the court.

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