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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ARUN DEV CHOUDHURY
Bhodreswar Mech S/o Late Phukan Mech – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. minor detained illegally and wrongfully accused. (Para 2 , 3 , 4) |
| 2. authorities failed to verify juvenile status. (Para 5) |
| 3. juvenile justice act establishes special protection for children. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. court identifies systemic failures in protecting juvenile rights. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 5. compensation for violations of fundamental rights acknowledged. (Para 25 , 26 , 27 , 28) |
| 6. detention ruled illegal and unconstitutional. (Para 29 , 30) |
| 7. court orders compensation and future judicial proceedings. (Para 31 , 32 , 33 , 34 , 35 , 36) |
JUDGMENT :
ARUN DEV CHOUDHURY, J.
1. Heard Mr. A.K. Baruah, learned counsel for the petitioners. Also heard Mr. P.N. Goswami, learned Additional Advocate General, Assam, representing the State respondents.
2. Two petitioners filed the present writ petition. Petitioner No. 1 is the grandfather of Petitioner No. 2. Petitioner No. 2 is an orphaned minor.
3. The petitioner No. 2 was arrested in connection with Manja P.S. Case No. 25/2014 registered under Section 379 IPC dated 17.04.2014 (G.R. Case No. 313/2014). The present writ petition is filed, alleging illegal detention
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