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Court to decide on transfer of Gurugram school murder accused

Tekriwal said the Central Bureau of Investigation (CBI), which is probing the case, was yet to submit to the court whether it had any objection to the transfer or not.

gurgaon Updated: Apr 20, 2019 06:04 IST
Leena Dhankhar
Leena Dhankhar
Hindustan Times, Gurugram
Sushil Tekriwal,school murder,CBI
“The father of the accused approached the board and requested for a week’s time as the boy had been fasting during Navratri. While the board agreed, the father approached the court,” said Yadav. (HT Archive)

A local court will today hear the matter pertaining to the transfer of the juvenile, accused of killing an eight-year-old boy inside a private school in Bhondsi, from an observation home in Faridabad to an institution in Karnal.

The accused turned 18 earlier this month, following which the Juvenile Justice Board ordered that he be shifted to Karnal. However, the father of the accused challenged the order in the court, which stayed it on April 16.

The accused has been lodged in the Faridabad observation home since November 17, 2017. On Friday, the hearing on the stay order was adjourned, said Sushil Tekriwal, counsel for the father of the murdered boy. Tekriwal said the Central Bureau of Investigation (CBI), which is probing the case, was yet to submit to the court whether it had any objection to the transfer or not.

Dinesh Yadav, superintendent of the Faridabad observation home, said the accused turned 18 on April 3 after which he had requested the JJB on April 10 to shift him to Place of Safety at Madhubhan in Karnal — a special home for boys aged 16 to 18 years who are accused of heinous crimes. The boy was produced before the board on April 11, Yadav said.

“The father of the accused approached the board and requested for a week’s time as the boy had been fasting during Navratri. While the board agreed, the father approached the court,” said Yadav.

The father of the accused said he has challenged the JJB order under section 95 of juvenile justice act.

The section states that if during the inquiry it is found that a child hails from a place outside the jurisdiction, the board members in the best interest of the child and after due consultation with the committee can shift the child to his home district.

“The Place of Safety in Madhuban in Karnal is nearly 170 kilometres from Gurugram and it will be difficult travelling outstation once a week to meet the child. It will also be tiring for him to come once in 14 days to appear before the Juvenile Justice Board,” he said. According to officials familiar with the matter, there is only one such home in Haryana.

The Supreme Court on February 22 had allowed the teenager to move the Punjab and Haryana High Court for bail as an adult. The argument is scheduled for April 24.

On November 19 last year, the apex court had ordered status quo on the proceedings before the JJB which was to consider afresh whether the teenager should be tried as an adult in the case.

The Punjab and Haryana High Court had directed the JJB on October 11 last year to decide within six weeks whether the teenager was to be tried as an adult in the case.

The father of the victim had challenged the high court’s order on the ground that it was illegal and contrary to established procedure of the law.

First Published: Apr 20, 2019 06:04 IST