P.N. PRAKASH, J.

"xxx"

[Thirukkural-Couplet 339]

Which means

"Death is sinking into slumbers deep;

Birth again is waking out of sleep."

[Translation by Rev.G.U.Pope]

2. Time is a vital dimension that stands between birth and death, but, in the meantime, how the two events, viz., birth and death, proprio vigore, have provided fodder for burgeoning litigations in the State, is the subject matter of the cases at hand.

H.C.P.No.3043 of 2014:

3. One D. Anbu S/o. Ponnusamy is a life convict lodged in Central Prison, Cuddalore, who was convicted by the Additional Sessions Judge, Fast Track Court-II, Tindivanam, by judgement dated 24.07.2006. During trial, it was never claimed that Anbu was a juvenile in terms of the Juvenile Justice [Care and Protection] Act, 2000. Subsequently, on an application made to a Judicial Magistrate under Section 13(3) of The Registration of Births and Deaths Act, claiming that his birth was not registered, the learned Magistrate ordered to register his date of birth as “19.12.1988”. Based on the same, a birth certificate was obtained on 24.09.2014 and placing reliance on the same, the petitioner, the father of Anbu has filed the present HCP No.3043 of 2014 seeking to set Anbu at liberty by extending the benefit of the Juvenile Justice (Care and Protection) Act, 2000.

4. When this Habeas Corpus Petition came up for hearing on 20.01.2016 before a Division Bench consisting of Hon'ble Mr. Justice R. Sudhakar and Hon'ble Mr. Justice P.N. Prakash, having noticed similar claims made in several cases, passed the following order:

"The son of the Petitioner by name Anbu was convicted in S.C.No.211 of 2005 on 24.7.2006 by the Additional District and Sessions Judge (Fast Track Court No.II), Tindivanam for the offences under Sections 452, 395, 396 and 397 IPC and has been sentenced to undergo life imprisonment and he is now undergoing the sentence.

2. In this Habeas Corpus Petition, it is the case of the petitioner that the actual date of birth of his son is 19.12.1988 and that he was a Juvenile as on 8.7.2004 when the alleged incident in S.C.No.211 of 2005 took place, and therefore, he will be entitled to the relief under Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000.

3. This Court directed the Additional District & Sessions Judge, Fast Track Court No.II, Tindivanam to enquire into the juvenility of the petitioner's son and report before this Court. The report of the learned Judge dated 14.10.2015 shows that the petitioner's son D.Anbu was 21 years old as on 8.7.2004. Therefore, by our order dated 16.12.2005, we rejected the ground of juvinility by accepting the report of the trial Court.

4. During the hearing of this case, we noticed that the petitioner had obtained a date of birth certificate from the Vellore City Municipal Corporation on 24.9.2014 showing the date of Birth of his son Anbu as 19.12.1988. On further enquiry, we learnt that the said date of birth certificate was issued by the Vellore Municipal Corporation based on the order dated 9.9.2014 in C.M.P.No.2614 of 2014 passed by the learned Judicial Magistrate No.I, Vellore, on a petition filed by the petitioner under Section 13(3) of the Registration of Births and Deaths Act, 1969 read with Tamil Nadu Registration of Births and Death Rules, 2000.

5. We called for the records in C.M.P.No.2614 of 2014 from the Court of Judicial Magistrate No.I, Vellore and on perusal of the same, we were shocked to know that while Anbu was in jail, his father P.Duraisamy (petitioner herein) has filed an application before the Judicial Magistrate No.I, Vellore contending that his son was born on 19.12.1988 in his residence; that he had failed to register the same as required under the Rules with the authorities; and that, his son requires date of birth certificate now for the purpose of getting passport. Along with the application, a non-availabil