Mr. I. Subramaniam, State Public Prosecutor, took notice for the respondents.

2. By consent, the main writ petition itself was taken up.

3. The prayer is for a writ, prohibiting the Special Court, Poonamallee, Chennai 56, for trial of cases under the Prevention of Terrorism Act (hereinafter referred to as 'POTA'), from proceeding with the enquiry with regard to Crl.M.P.No.17 of 2003 in Crime No.1004 of 2002 of Uthangarai Police Station, and all future proceedings in so far as the petitioner is concerned.

4. The petitioner is stated to be a minor aged 15« years and represented by his maternal aunt Nagammal. The circumstances, leading to the proceedings as set out in the affidavit in support of the writ petition, are as follows:

The petitioner was arrested on 24.1.2002 and a case was registered in Cr.No.1004 of 2002, on the file of the Inspector of Police, Uthangarai Police Station, Dharmapuri District, for the alleged offences under Sections 120(B) r/w. 9(B)(1)(b) of the Indian Explosives Act, Sec. 25(1)(a) of the Indian Arms Act, and Sections 4 and 5 of the Explosive Substances Act. The date of birth of the petitioner, as per the School Transfer Certificate, is 11.5.1987. At the time of arrest, he was studying in standard 'X'. On 23.11.2002 and 24.11.2002, the Special Task Force and 'Q' Branch CID made a joint combing operation to nab naxalites in Dharmapuri District. In connection with the same, they entered the petitioner's house in search of his father. As his father was not available, they arrested the petitioner, who was sitting in the house, and foisted a case against him. They produced the petitioner before the Judicial Magistrate, Uthangarai on 25.11.2002. The Magistrate, without enquiring whether he was a juvenile or not, mechanically remanded him to judicial custody. The petitioner was placed along with other alleged naxalite prisoners. A bail petition was moved before the Sessions Judge, Krishnagiri, in Crl.M.P.No.68 of 2002. Regarding his age, the petitioner was subjected to Radiological Examination. His original School Transfer Certificate was also produced. The learned Principal Sessions Judge granted bail observing that the School Certificate would prevail over the results of the Radiological Examination. The petitioner could not be entrusted to custody with his mother for various reasons. An application praying for modification was moved on 7.2.2003 before the Sessions Court to entrust the petitioner to the custody of his maternal aunt. The learned Sessions Judge granted the prayer. While the maternal aunt was taking steps to execute the surety bonds, a petition for cancellation of bail was filed before the POTA Special Court, Poonamallee, and notice, dt.10.2.2003 intimating the production of the petitioner on 14.2.2003 was served directly on one of the counsel for the petitioner on 11.2.2003. An order passed by the Special Court, Poonamallee requiring the production of the juvenile petitioner on 19.2.2003 was also enclosed. The POTA Special Court does not have jurisdiction to try a juvenile, when there is an Act, viz. Juvenile Justice (Care and Protection) Act, 2000 (hereinafter referred to as the JJ (C&PC) Act) to deal with juveniles. The provisions of the JJ (C&PC) Act deal with what is to be done with regard to juvenile when arrested. The petitioner, being a juvenile, should have been granted bail even at the time of arrest on 24.11.2002 by the Inspector of Police, Uthangarai. If the Officer had opined not to release the petitioner on bail, the petitioner, being juvenile, should have been kept in an Observation Home and produced before the Juvenile Justice Board (hereinafter referred to as 'the Board'). Till the filing of the writ petition, the petitioner was neither released on bail nor produced before the Board. The Special Court has no jurisdiction to try the juvenile, as there is a specific Act to deal with juveniles. The Special Court had exercised 'excess of jurisdiction'. The Principal Sess