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M. M. SUNDRESH, ARAVIND KUMAR
Om Prakash @ Israel @ Raju @ Raju Das – Appellant
Versus
Union of India – Respondent
Key Points: - The 2015 Act’s Section 9(2) allows raising/considering juvenility even after final disposal; necessity of due determination and recognition of the act’s provisions in ongoing or past cases (!) (!) . - The Court stresses that the power of pardon under Articles 72/161 is executive, with limited judicial review; but challenges to such executive orders can coexist with independent Section 9(2) relief under the 2015 Act (!) (!) (!) . - The Appellant was 14 years old at the time of offence; the judgment sets aside excessive sentence while keeping conviction, and directs rehabilitation and welfare measures under Article 21; emphasizes proactive judicial role to ensure juvenility relief (!) (!) . - Rule 12 (2007 Rules) mandates age-determination evidence hierarchy (matriculation, birth cert, certificate from authorities) and allows medical ossification only if documents are unavailable; Rule 12 and Section 94 (2015 Act) must be read together with retrospective application to pending cases (!) (!) (!) (!) (!) (!) (!) . - The Act’s retrospective reach (Section 20 of 2000 Act discussed as backdrop; Section 5/6/9(2) of 2015 Act confirmed applicability to cases where the juvenile ceased to be a child; emphasis on ensuring finality does not bar juvenility considerations) (!) (!) (!) . - The judgment condemns prior judicial inaction and directs release of the appellant and social reintegration supports; cites that truth and welfare of the child guide proceedings (!) (!) (!) .
JUDGMENT :
M.M. SUNDRESH, J.
1. Heard the Learned Senior Counsel Dr. S. Muralidhar for the Appellant, and Learned Additional Solicitor General Mr. K.M. Nataraj and Learned Counsel Ms. Vanshaja Shukla for the Respondents. We have also carefully perused the written arguments along with the documents, filed by both the sides in respect of their respective contentions.
2. We are dealing with a case where grave injustice has been perpetrated, on account of the consistent failure on part of the judicial machinery to recognise and act upon the constitutional mandate vis-a-vis the plea of juvenility. Lord Atkin’s words of wisdom in United Australia Limited v. Barclay’s Bank Ltd., (1941) A.C. 1 at p.29 become relevant in the aforementioned context:
(Emphasis supplied)
3. We are further reminded of the words of V.R. Krishna Iyer J. on the laudable ideals of truth and justice in Jasraj Inder Singh v. Hemraj Multanchand, (1977) 2 SCC 155:
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