New Delhi: A Delhi court today dismissed a
plea by a suspected Indian Mujahideen terrorist, facing the
charge of being involved in serial blasts here in 2008,
seeking to be declared as juvenile.
Additional Sessions Judge Santosh Snehi Mann said the
appeal of Salman against the order of the lower court was not
maintainable and deserved dismissal.
The court relied on a Supreme Court judgement saying that
no appeal can be filed against any finding of the court with
regard to the age of a person at the time of offence.
"In view of the findings of the Supreme Court whereby it
has been held that no statutory appeal is available under
Section 52 of the Juvenile Justice Act against any finding of
the court that a person was not a juvenile at the time of
commission of offence, the appeal is not maintainable," it
During the arguments, K A Ansari, counsel for Salman,
opposed the contention of Public Prosecutor Rajeev Mohan who
had submitted that the appeal was not a matter of right under
the scheme of the Juvenile Justice Act.
Ansari, on the other hand, claimed the state does not
curtail the right of the applicant to file an appeal against
an order deciding the fact relating to his being juvenile.
The court, however, said that under Section 52 of the
Juvenile Justice Act, an appeal can be filed against an order
of the competent authority only.
The competent authority as per law means Child Welfare
Committee in case of a child and Juvenile Justice Board in
case of a juvenile, it added.
The appeal filed before the court was against the order of
Chief Metropolitan Magistrate passed on May five in which it
was held that Salman was not a juvenile on September 13, 2008,
the day a series of blasts had rocked the national capital.