P&H High Court Seeks Centre's Response On Plea Challenging JJ Act Mandate To Terminate Petty Offence Inquiry If Extended Beyond 6 Months

The Punjab and Haryana High Court has sought a response from the Central Government on a petition challenging the constitutional validity of Section 14(4) of the Juvenile Justice (Care and Protection of Children) Act, 2015. The provision mandates that an inquiry into a petty offence against a child in conflict with law shall be terminated if it is not concluded within six months.

Justice Harsimran Singh Sethi and Justice Vikas Suri while issuing notice to Union of India, deferred the matter to October 1.

The plea stated that prescribing such an outer limit to conclude a trial or inquiry is rather inconsiderate towards the victim and the society. It renders injustice to the victim, which cannot be the purpose of any law and therefore, manifestly arbitrary and unreasonable and therefore, in complete violation o1'Article l4 of Constitution.

"No other law in India prescribes an outer limit with a consequence that, trial/ inquiry should be concluded within six months (four months plus an extension of 2 months), and if not, the trial would stand terminated," it added.

It was contended that the acquittal or discharge on basis of an inflexible period of limitation is not warranted under Article 21 of the Constitution.

Reliance was placed on Supreme Court's Constitutional Bench (of five judges) decision in Abdul Rehman Antulay v. RS Nayak (1992) 1 SCC 225, wherein the Supreme Court denied to lay down fixed time limit for trial of offence considering various factors. 

Advocates Ashutosh Gupta and Mahir Sood appeared for the petitioner.

Title: UDIT SINDHYAN V/S UNION OF INDIA