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2022 Supreme(P&H) 1638

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Jasgurpreet Singh Puri, J.
National Investigation Agency – Appellant
Versus
Amritpal Singh @ Amrit Singh – Respondent
CRM-M-19293 of 2021 (O&M)
Decided On : 26-07-2022

Advocates appeared:
Mr. Sukhdeep Singh Sandhu, Advocate, for the Appellant; Mr. Bhanu Pratap Singh, Advocate, for the Respondent.

Headnote:(A) Code of Criminal Procedure - Sections 407 & 482 - Unlawful Activities (Prevention) Act, 1967 - Sections 13, 18 & 20 - Jurisdiction of Children’s Court in cases involving juveniles where FIR under Scheduled Act is registered - Jurisdiction to be maintained under Juvenile Justice Act, 2015 as opposed to NIA Act - Non-obstante clause in JJ Act grants it precedence over contrary provisions in NIA Act. (Paras 8, 36, 40)

(B) Principles of Jurisdiction - When a juvenile is involved, the Children's Court established under the Commissions for Protection of Child Rights Act has exclusive jurisdiction over such cases, overriding provisions under NIA Act when related offences are grave. (Paras 28, 31)

Facts of the case:
The petition involves a juvenile accused in a case concerning terrorism and explosives, with claims that the trial should be transferred to the NIA Special Court. The juvenile was under 18 during the offence, with a birth date of September 15, 2001, indicating he was almost 18.

Findings of Court:
The court reinforced that the jurisdiction of the Children's Court prevails, ensuring that the juvenile's rights under the JJ Act are protected.

Issues: Whether a juvenile can be tried in Children's Court under JJ Act or NIA Special Court under the NIA Act when FIR is registered under Scheduled Offences.

Ratio Decidendi: The court concluded that, given the protective intent of the Juvenile Justice legislation and explicit non-obstante clauses, jurisdiction for juveniles in conflict with law is to be handled under the JJ Act.

Result: Petition dismissed; trial to remain in Children's Court.

Table of Content
1. incident leading to the fir and investigation (Para 1 , 3 , 4)
2. jurisdiction clarification regarding children's court (Para 2 , 5)
3. arguments for transfer to nia special court (Para 6 , 7)
4. core issue on jurisdiction of trial (Para 8 , 9)
5. interpretation of statutes and legislative intent (Para 10 , 11 , 12 , 13 , 14 , 15 , 16)
6. impact of non-obstante clauses in juvenile legislation (Para 18 , 19 , 22 , 23)
7. comparative analysis of jurisdiction under differing laws (Para 20 , 21 , 24)
8. significance of timing of legislative enactments (Para 25 , 26 , 27)
9. protection of juvenile rights in conflict with law (Para 33 , 34 , 35)
10. distinction between referenced case law and current matters (Para 38 , 39)
11. final conclusion on jurisdiction of children's court (Para 40)
12. dismissal of the petition with clarification of jurisdiction (Para 41)

JUDGMENT

Jasgurpreet Singh Puri, J. - The present is a petition filed under Section 4 07 read with Section 4 82 of the Code of Criminal Procedure seeking transfer of trial in case No. RC-20/2019/NIA/DLI dated 23.09.2019, FIR No. 280 dated 05.09.2019, under Sections 120-B/153-A IPC, Section 13 /18/18A/18B/20/23 of Unlawful Activities (Prevention) Act, 1967 and Sections 3 , 4 & 5 of Explosive Substances Act, 1908, Police Station Sadar, Tarn Taran, District Tarn Taran, which is pending before the Court of learned Additional Sessions Judge/Children's Court, Tarn Taran.

2. The Courts of all the Sessions Judges and Additional Sessions Judges at each district headquarter in the State of Punjab (except the Additional Sessions Judges (Adhoc), Fast Track Courts) have been designated as Children's Court in exercise of powers conferred by Section 2 5 of the Commissions for Protection of Child Rights Act, 2005, vide notification dated 10th September, 2013 issued by the Department of Home Affairs and Justice, Punjab.

Facts of the case

3. One FIR No.280 dated 05.09.2019 was registered under Section 3 04 IPC and Sections 4 and 5 of Explosive Substances Act, 1908 at Police Station Sadar, Tarn Taran on the basis of information received by the police party who were present at Kad Gill Chowk, Bagarian at about 19:45 hours that a powerful explosion took place at a vacant plot in the outskirts of Village Pandori Gola, Police Station Sadar Tarn Taran, Punjab while deceased accused Bikkar Singh @ Vikram @ Vicky, Harpreet Singh @ Happy and Gurjant Singh were digging a pit to retrieve explosives which were buried in the said plot. It was due to the impact of digging tools on explosives contained in a plastic container that the explosion had taken place which resulted in the death of Bikkar Singh and Harpreet Singh who died on the spot whereas the other co-accused Gurjant Singh was seriously injured and lost vision of both eyes. The aforesaid injured Gurjant Singh was admitted in Guru Nanak Dev Hospital by other co-accused Harjeet Singh @ Harjit whose house is located near the place of incident and allegedly he had provided spade (Kai) for digging out the explosives. Thereafter, the National Investigation Agency (hereinafter referred to as 'NIA') re-registered the case as RC-20/2019/NIA/DLI in compliance of the orders received vide F.No.110-11/47/2019/NIA dated 20.09.2019 from the Ministry of Home Affairs, Government of India and took up the investigation of the case. During the investigation by the NIA, the present respondent who was a juvenile at that time was nominated on the ground that he was also associated with the other co-accused and they had performed a gang. As per the allegations, the respondent and the other coaccused and they had formed a gang came into contact with each other in the year 2015 during protest organized by them against sacrilege incident of Shri Guru Granth Sahib Ji and formed a terrorist gang due to similar religious thoughts and thereafter they started meeting at Amritsar and Tarn Taran. They were allegedly planning to carry out violent acts against the member

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