Pune Porsche case: The order was passed on a plea filed by the 17-year-old boy's paternal aunt
The Bombay High Court's decision to order the release of the minor boy allegedly involved in the Porsche car crash has stirred strong emotions with the mother of one of the accident victims urging the judges to understand the pain of a bereaved mother who has lost her daughter.
Ashwini Koshta and her friend Anish Awadhiya, both IT professionals from Madhya Pradesh, were killed in the early hours of May 19 when the luxury car, allegedly driven by the teen who police suspect was driving drunk, collided with their two-wheeler in Kalyani Nagar area of Pune.
The division bench of Justices Bharti Dangre and Manjusha Deshpande of the Bombay High Court on Tuesday ordered the immediate release of the juvenile from an observation home noting that the Juvenile Justice Board's remand orders were illegal and passed without jurisdiction.
"I was shocked after seeing the news. I have full faith in the judiciary. They must have made the decision after careful consideration. However, I request the judges to understand the pain of a mother who has lost her daughter. Punishment should be given accordingly so that the public can trust the judicial system," said Mamta Koshta, mother of the victim Ashwini Koshta.
She recalled the Maharashtra government has assured them that justice will be served.
"I don't know what is in the law. My only request to the judges is to understand the pain of a mother who has lost her daughter. Many girls live there and such incidents should not recur. Those who commit such crimes should learn a lesson. I only request the judges to make the right decision," she told reporters.
The high court bench noted the JJB's remand orders were illegal and passed without jurisdiction.
"We allow the petition and order his release. The CCL (Child in Conflict with Law) shall be in the care and custody of the petitioner (paternal aunt)," the court said.
The bench said the court was bound by law, the aims and objectives of the Juvenile Justice Act and must treat him as any child in conflict with the law separately from an adult, despite the seriousness of the crime.
The order was passed on a plea filed by the 17-year-old boy's paternal aunt, who claimed he was illegally detained and sought his immediate release.
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