2017 school murder: SC dismisses accused’s plea against trial as adult

  • | Tuesday | 7th November, 2023

GURGAON: The Supreme Court on Monday dismissed a petition challenging a lower court order to prosecute the juvenile accused in the 2017 school murder case, in which a Class 2 students throat was slit, as an adult.A bench headed by Justice Vikram Nath ordered the accused to face trial, which has commenced at the sessions court in the city. The Juvenile Justice Board had last year ruled that the accused would face trial as an adult after a second psychological evaluation.The Supreme Court had scrapped the first one, finding loopholes in it. The JJBs second order was upheld by the high court as well.Advocate Supriya Juneja, who represented the boys father in the apex court, cited a portion of a report by the medical board formed for the assessment of the juvenile. The report, Juneja said, mentioned there was no valid test that could retrospectively assess the mental capacity of the boy with reasonable scientific certainty. The lawyer argued that the boy should be given the benefit of the Juvenile Justice Act as he had suffered incarceration for more than four years.Sushil Tekriwal, the counsel for the victims father, said the Supreme Court order would allow the trial to proceed without any further delay.On September 8, 2017, the Class 2 boy was killed in the washroom of a private school, allegedly by the accused, who was a Class XI student at that time. He was 16 years and five months old then.In December that year, the JJB passed its first order. In the second order, passed in October 2022, the JJB ruled the accused should be tried as an adult as he had sufficient ability to understand the consequences of the offence. The sessions court upheld the JJB order.The accuseds father moved the high court. In an order in May this year, Justice Anoop Chitkara observed, I dont find any illegality in the order or any deviation from the direction given by the SC. The JJB has strictly adhered to all the directions passed by the SC while deciding the matter afresh. The order suffers from no illegality and rather in fact is absolutely in tune with the directions of the SC…The accuseds father then filed a petition in the SC. The trial began in the case on January 24 this year. Of 125 witnesses the court has recorded statements of 12.We also published the following articles recentlyAAPs Sanjay Singh moves Supreme Court challenging order of Delhi high courtAam Aadmi Party leader Sanjay Singh has filed a petition in the Supreme Court challenging his arrest in the Delhi Liquor Scam case. Singh argues that his arrest by the Enforcement Directorate (ED) was illegal. The Rouse Avenue Court has extended his judicial custody until November 10. Singh has also requested permission for medical treatment from his private doctor, which the court has granted. The Delhi Liquor Scam case involves allegations of corruption in the Delhi governments excise policy for 2021-22, which the AAP denies.Supreme Court collegium recommends names of three high court chief justices as Supreme Court judgesThe Supreme Court collegium, led by Chief Justice of India D Y Chandrachud, has recommended the names of three high court chief justices as judges of the apex court. The recommended candidates are Delhi High Court Chief Justice Satish Chandra Sharma, Rajasthan High Court Chief Justice Augustine George Masih, and Gauhati High Court Chief Justice Sandeep Mehta. The collegium considered factors such as merit, integrity, competence, and diversity in making its recommendations. If approved, the top court will have a full strength of 34 judges.Supreme Court recommends 3 HC Chief Justices for elevation to apex courtThe Supreme Court Collegium has recommended the names of three new judges for appointment to the apex court. The recommended judges are Satish Chandra Sharma, Augustine George Masih, and Sandeep Mehta. The Collegium stated that the Supreme Court has a large backlog of cases and the workload of judges has increased significantly. With this in mind, the Collegium decided to fill all three existing vacancies to ensure the court has a full working judge strength at all times. The Collegium also discussed the judicial acumen of the candidates and received assistance from the Supreme Courts Centre for Research and Planning.

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