The Hindu : Bhagathsingh to be tried under JJ Act

Online edition of India's National Newspaper
Thursday, Apr 03, 2003

Southern States

Southern States - Tamil Nadu

Bhagathsingh to be tried under JJ Act

By A. Subramani

CHENNAI APRIL 2. Bringing relief to the family of Bhagathsingh, a juvenile arrested and sought to be tried under the Prevention of Terrorism Act, a special court has ruled that the boy be not tried under the POTA but under the Juvenile Justice Act.

Bhagathsingh was arrested along with another juvenile, G. Prabhakaran, and 13 others in Dharmapuri district in December last, allegedly for their naxalite links.

After Prabhakaran was released on bail, thanks to the intervention of the Madras High Court, Bhagathsingh also moved it.

Taking note of the fact that the petition was pending in the High Court, L. Rajendran, judge of a POTA court at Poonamalle, near here, said the counsel had proved that the boy was not an adult and hence beyond the ambit of the POTA provisions.

He arrived at the conclusion after getting medical officers' opinion about Bhagathsingh's age and after verifying the original birth register maintained by the Tirupattur municipality.

``The entry under serial number 2216 fully corresponds to the birth certificate produced now for the petitioner. The parentage, education of the parents, occupation and the domicile places are fully corroborated, and the birth certificate prima facie proves that Bhagathsingh was born on December 17, 1984... ''

Pointing out that the Juvenile Justice (Care and Protection of Children) Act 2000 contemplated total separation of juveniles from the mainstream offenders, Mr. Rajendran said, ``therefore, Bhagathsingh has nothing to do with the mainstream offenders in this POTA case also...

``The case laws adverted to by counsel for the petitioner and the provisions of the JJ Act are aptly applicable to Bhagathsingh's proceedings. Hence, this court is not empowered to exercise powers of the Juvenile Justice Board under the JJ Act".

Mr. Rajendran ordered that Bhagathsingh and the entire records pertained to the case be transmitted to a competent authority -- Juvenile Justice Board at Salem -- having jurisdiction over the proceedings.

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Bhagathsingh to be tried under JJ Act