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2004 Supreme(Bom) 1149

D.Y.CHANDRACHUD, DALVEER BHANDARI
Salim Ikramuddin Ansari & another – Appellant
Versus
Officer-in-charge, Borivali Police Station & others – Respondent


JUDGMENT - BHANDARI DALVEER, C.J.:-This is a classic case of violation of human rights, fundamental rights under Article 21 of the Constitution and the Juvenile Justice (Care and Protection of Children) Act, 2000 ("the Act", for short).

2. The brief facts of this case are recapitulated as under:

Petitioner No. 1, Salim Ikramuddin Ansari, aged about 15 years at the time of his arrest, has moved this petition with a prayer to declare his incarceration in Mumbai Central Prison unlawful and in violation of the Act.

3. The first petitioner has also prayed that the second respondent be directed to produce him before the Juvenile Justice Board. The further prayer is to shift him from Mumbai Central Prison to the observation Home at Umerkhadi.

4. It is submitted that petitioner No. 1 has remained in unlawful custody of the Mumbai Central Prison from 16th November, 2001 to 11th February, 2003 and for that, he be awarded compensation of Rs. 2,50,000/-.

5. Petitioner No. 1 has also prayed that he be awarded compensation of Rs. 1,20,000/- for illegal detention in Mumbai Central Prison even after having been declared a juvenile by the Sessions Court in Sessions Case No. 326 of 2002. The petition

























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