E-Paper
Minor Malaysian’s case transferred to another juvenile board
New Delhi:
New Delhi:
The Delhi High Court on Thursday transferred the case of a minor Malaysian, who was booked for attending the Tablighi Jamaat congregation allegedly in violation of visa norms, from one Juvenile Justice Board (JJB) to another due to lack of quorum.
Justice Anup Jairam Bhambhani directed the case against the 17-year-old Malaysian national be “forthwith” transferred from JJB-1 in Kingsway Camp to JJB-4 in Vishwas Nagar here to be dealt with expeditiously in accordance with the law.
Appearing for the juvenile, his counsel S Hari Haran told the court that like other 121 Malaysian nationals, the juvenile was willing to got for plea bargaining but due to vacancy and lack of a quorum in JJB-1, he could not proceed. Quorum means the number of judges required to be present to make it a sufficient bench.
He said the High Commission of Malaysia had made arrangements for 121 Malaysians to return to their country on Friday and only the juvenile will be left behind in India.
Appearing for the Delhi government, its standing counsel (criminal) Rahul Mehra and advocate Chaitanya Gosain said there might be a delay in the disposal of the case as there is only one Principal Magistrate in JJB-1 and there are two vacancies.
He said the state had no objection if the minor is treated in the same way the other Malaysians were treated and that his application be decided expeditiously since only one juvenile appears to be left behind while 121 compatriots are on their way back to Malaysia.
The counsel for the juvenile said while all others were freed after they pleaded guilty, the trial court had directed the charge sheet pertaining to his client (minor) should be filed in the JJB after he was found to be 17 years old.
The teenager is currently in a hotel housed by the Malaysian High Commission.
After appearing before the JJB through video conferencing, the parties came to know no order could be passed due to lack of quorum as there were vacancies in the board and the matter was adjourned for July 30, he said.
He prayed either proceedings be dropped against the minor by the high court or it should order transfer of case from JJB-1 to JJB-4, where there is quorum.
The Malaysian nationals were booked for attending Tablighi Jamaat congregation in Nizamuddin here allegedly in violation of visa norms, indulging in missionary activities illegally and violating government guidelines issued in the wake of Covid-19 outbreak.
The trial court had earlier granted bail to the Malaysians. It had also allowed them to walk free on payment of a fine of Rs 7,000 each, after they accepted mild charges, under the plea bargain process, related to various violations, including visa norms while attending the congregation.
The police had filed charge sheets against 956 foreigners from 36 countries, including 122 Mayalsians, for violating visa rules, violating government guidelines issued in the wake of the Covid-19 pandemic and regulations regarding Epidemic diseases Act, Disaster Management Act and prohibitory orders under section 144 of Code of Criminal Procedure.
