Noida: The National Human Rights Commission on Friday took suo motu cognisance of media reports that a 16-year-old arrested during the April 13 industrial workers’ agitation in the city spent nearly two months in Kasna jail alongside adult prisoners before a court-ordered ossification test confirmed his minority. The commission also noted that it took prison authorities six days after the test report was submitted on June 6 before he was transferred to a juvenile home in Noida.On June 12, a TOI report, “Test shows he is 16, but juvie held for city unrest in jail for 2 months”, highlighted how the teenager spent nearly two months in Kasna prison alongside adult prisoners despite securing bail, because his family could not furnish Rs 1.5 lakh for his release.The NHRC observed that the contents of the report, if true, raised a serious issue of human rights violation. It issued notices to the Uttar Pradesh director general of prisons (administration and reform services) and the director general of police, seeking a detailed report within two weeks, and directed its Director General (Investigation) to depute a team for a spot inquiry within a week.The minor was picked up from his residence on April 14 by a UP Police team and charged under BNS Sections 109(1) (attempt to murder), 190 (unlawful assembly), 191(1), (2), (3) (rioting with deadly weapons), 121(2) (grievous hurt to a public servant), 132 (assaulting a public servant), 133 (assault with intent to dishonour), 125 (acts endangering life), 127(2) (wrongful confinement), 115(2) (voluntarily causing hurt), 352 (intentional insult to provoke), 351(3) (criminal intimidation), 61(2) (criminal conspiracy), 324(4)(5)(6) (mischief causing minor to major damage and harm), 326(1) (mischief by fire or explosives to destroy), 326(G) (mischief to public infrastructure), as well as the Prevention of Damage to Public Property Act and the Criminal Law Amendment Act.The juvenile walked free on June 18, nearly three weeks after securing bail on May 29, after the family arranged the required bond. Advocate Manik Gupta, representing the minor, told TOI that the court, while still treating the accused as an adult, set bail at a personal bond of Rs 50,000 with two sureties of the same amount.An application under Section 12(1) of the Juvenile Justice (Care and Protection of Children) Act was subsequently filed seeking release on personal bond and reduction of surety. The sessions court reduced the surety to Rs 30,000 in the Phase II police FIR — in which bail was granted on May 29 — with motorcycle papers furnished towards it. The court also ordered his release in the two remaining FIRs on personal bond, paving the way for his release.Advocate Gupta said a police team visited the minor’s residence on Saturday and had some papers signed by the boy. “They were inquiring about his elder brother and took a copy of his Aadhaar card,” he said.The GB Nagar police commissionerate issued a clarification stating that the juvenile worked at Staunch Electronics India LLP, Sector 83, Phase II, and used an Aadhaar card issued in the name of Dinesh, son of Ramdeen, showing an age of 19 years. Police said that during his arrest on April 15, the juvenile identified himself as Dinesh. “During that time, even the medical report mentioned his age as 18 years, and a legal inquiry has been ordered into the entire episode,” the clarification stated.Gupta, however, said police were attempting to cover up the matter after the NHRC issued a notice to the DGP. “The juvenile was never referred to by any alias in earlier cases. Now, suddenly, they have procured the Aadhaar card of his elder brother Dinesh and are cooking up a story,” he said. Gupta added that on Saturday, Dinesh was repeatedly contacted by police and pressured into recording a video stating that his younger brother took his Aadhaar card to enrol in a factory and was working there.
