In a significant milestone for juvenile justice, the Delhi High Court has directed the separation of the trial proceedings of a child in conflict with law whose case has been transferred to the adult criminal justice system from the trial of their adult co-accused.
The JJ Act says, and this judgment confirms, that there can be no joint trial of a child and adult co-accused, even if the child is being tried as an adult.
iProbono India was part of the legal team behind this ruling, which was argued by senior advocate Ashim Sood. Our panel advocate Ashish Kumar, and program team members Yamina Rizvi and Ragini Nagpal were part of this strategic intervention that will have an impact on the treatment of children in conflict with law by the justice system. The judgment clarifies that the beneficial and protective provisions of the Juvenile Justice Act do not stop applying to a child simply because they are to be tried as an adult.
The High Court in CCL K v State NCT Delhi clarified that “there can be no doubt that joint trials ought not to be held between a child in conflict with law (being tried as an adult) and an adult offender, even if a child is being tried as an adult”.
More details of the judgement can be found here.
