Juvenile's criminal record should be obliterated, says HC

Dont hinder their growth in future

The criminal past of a juvenile should be “obliterated” after a period of time and not be allowed to hinder his growth in future, Delhi High Court has ruled.

The court said it had arrived at the conclusion on the basis of provisions of section 19 of juvenile justice (care and protection of children) Act, 2000.

The court's observation came on a plea filed by city police commissioner against the order of central administrative tribunal (CAT).

CAT dismisses order

CAT dismissed commissioner’s order of cancelling the candidature of Vijay Kumar Malik for the post of sub-inspector in Delhi Police because of his criminal past when he was a juvenile.

The city police moved the high court contending that Malik, while a juvenile, was involved in a murder case and "sucha candidate has no place in a disciplined and law-enforcing agency like police".

A division bench of Justice Badar Durrez Ahmed and Justice V K Jain said, "Since the respondent (Malik) was a juvenile, it was all the more necessary for the petitioner (commissioner of police) to have ignored the fact of the alleged involvement of the respondent in the said criminal case.”

Candidature

The candidature of the respondent could not have been cancelled in law, added the bench.

While applying for the post Malik had disclosed his involvement in the case in both the application forms.

He had been acquitted of all charges on Oct 17, 2006 by juvenile justice board.
Malik in 2011 had applied for the post of sub-inspector (executive) male in Delhi Police.

But his candidature was cancelled by the police department on the ground that he was involved in a criminal case pertaining to murder and criminal conspiracy and an FIR had been filed against him on Aug 20, 2005, at Sonepat (Haryana) police station.