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NEW DELHI: After spending 19 years in jail as a life convict in a murder case, a man has now raised the plea of juvenility and that too nine years after he was declared juvenile at the time of crime — all because he has no one in family to pursue the case for his release and legal aid didn’t reach him in Agra jail where he is lodged.
The idea to approach court to raise the juvenility plea came to Bantu’s mind after he came to know that one of his fellow inmates had used that defence to get relief. Fellow prisoners helped him get in touch with Rishi Malhotra, the advocate who had successfully defended such prisoners in Agra jail.
The convict was awarded death sentence in 2005, which was commuted to life imprisonment in 2012. He was convicted by the trial court and awarded death sentence in a 2003 murder case. The lower court order was upheld by the Allahabad HC and finally the Supreme Court.
His juvenility came to light when the Allahabad HC directed Juvenile Justice Board (JJB) to examine prisoners in UP jails over allegations that many juvenile prisoners were lodged there.
As Bantu had no identity proof with him, he underwent medical examination and as per the report, his age in January 2013 was 23 years which made him only 12 years at the time of committing the crime in 2003. By that time he had already completed a decade in jail.
“The irony is further compounded by the fact that since there was no one in the family of the petitioner to take further steps of him to be released forthwith on the ground of juvenility, which was decided way back in February 2014, even the court concerned also failed to pass necessary order/direction to immediately direct release of the petitioner,” the petition said. Agreeing to hear his plea, a bench of justices Indira Banerjee and V Ramasubramanian has issued notice to the UP government and sought response on his immediate release.
The idea to approach court to raise the juvenility plea came to Bantu’s mind after he came to know that one of his fellow inmates had used that defence to get relief. Fellow prisoners helped him get in touch with Rishi Malhotra, the advocate who had successfully defended such prisoners in Agra jail.
The convict was awarded death sentence in 2005, which was commuted to life imprisonment in 2012. He was convicted by the trial court and awarded death sentence in a 2003 murder case. The lower court order was upheld by the Allahabad HC and finally the Supreme Court.
His juvenility came to light when the Allahabad HC directed Juvenile Justice Board (JJB) to examine prisoners in UP jails over allegations that many juvenile prisoners were lodged there.
As Bantu had no identity proof with him, he underwent medical examination and as per the report, his age in January 2013 was 23 years which made him only 12 years at the time of committing the crime in 2003. By that time he had already completed a decade in jail.
“The irony is further compounded by the fact that since there was no one in the family of the petitioner to take further steps of him to be released forthwith on the ground of juvenility, which was decided way back in February 2014, even the court concerned also failed to pass necessary order/direction to immediately direct release of the petitioner,” the petition said. Agreeing to hear his plea, a bench of justices Indira Banerjee and V Ramasubramanian has issued notice to the UP government and sought response on his immediate release.
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