JUDGMENT - THAKKER C.K., C.J.:---Rule. Smt. Usha Kejariwal, Additional Public Prosecutor, appears and waives service of notice of rule on behalf of respondents.

2. This writ petition is filed by Master Rajeev Shankarlal Parmar, petitioner No. 1 through petitioner No. 2, a practising Advocate of this Court, as Public Interest Litigation being Criminal Writ Petition No. 823 of 2003. In the said petition, following prayers have been made:---

"(a) this Honble Court be pleased to declare the first petitioners incarceration in Mumbai Central Prison at Arthur Road unlawful and in violation of the Juvenile Justice (Care and Protection of Children) Act, 2000 and the Constitution of India;

(b) This Honble Court be pleased to direct the second respondent to produce the first petitioner before the Juvenile Justice Board forthwith;

(c) That this Honble Court be pleased to order and direct that the first petitioner be shifted forthwith from the Mumbai Central Prison at Arthur Road to the observations home at Umerkhadi;

(d) That this Honble Court be pleased to expedite the inquiry of the first petitioner before the Juvenile Justice Board so as to complete it within 2 months of the first petitioners first production;

(e) That this Honble Court be pleased to grant compensation of Rs. 1,00,000/- (Rupees One Lakh only) to the first petitioner for his illegal detention in the police lock up and jail for 10 months from the date of arrest on 21-5-2002 to 7-3-2003;

(f) that this Honble Court be pleased to grant compensation of Rs. 30,000/- (Rupees thirty thousand only) for the first petitioners illegal detention in Mumbai Central Prison after his having been declared a juvenile by the Honble Sessions Court in Sessions Case No. 7-3-2003 (756/02);

(g) That this Honble Court be pleased to order and direct that it is mandatory for arresting police personnel

(i) to ask the arrestee his age at the time of arrest.

(ii) to forward and file the cases of those arrestees claiming to be under 18 years of age before the Juvenile Justice Board.

(iii) to include in the arrest panchanama that the arrestee was asked his age at the time of arrest and has stated his age as being "X" number of years.

(h) This Honble Court be pleased to order and direct that the non-compliance by police personnel of the procedure laid down under prayer (g) above be treated as misconduct and a departmental inquiry be initiated against such police personnel;

(i) This Honble Court be pleased to direct the Registrar, Appellate (Criminal) Side, High Court, Bombay, to issue a notification directing the Magistrates:

(i) to ask each accused his age at first production stage and record the same in the roznama,

(ii) to conduct an inquiry with regard to determination of age of an accused when he claims to be under 21 years of age,

(iii) to give the accused an opportunity to produce documentary evidence with regards to age, and only in absence of such evidence medical examination to be ordered,

(iv) to forthwith transfer an accused found to be under 18 years of age to the observation home and his case on the Juvenile Justice Board along with the findings of the inquiry;

(j) That pending the hearing and final disposal of this petition, this Honble Court be pleased:

(i) to call for the record and proceedings in Case No. 201/J/2003 pending before the Juvenile Justice Board, Mumbai;

(ii) to order and direct the second respondent to forthwith produce the first petitioner before the Juvenile Justice Board;

(iii) to order and direct the shifting of the first petitioner from Mumbai Central Prison at Arthur Road to the observations Home at Umerkhadi;

(iv) to expedite the inquiry of the first petitioner before the Juvenile Justice Board so as to complete it within 2 months of the first petitioners first production before the Board;

(v) to grant compensation of Rs. 1,00,000/- (Rupees One lakh only) to the first petitioner for his illegal detention in the police lock up and jail for 10 months from the date of arrest on 21-5-2002 to

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