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Court against juvenile detention

Added At:  2010-06-23 11:58 PM

   Last Updated At: 2010-06-24 11:58 PM

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Himalayan News Service

KATHMANDU: Offering a ray of hope for juvenile detainees, Patan Appellate Court stated in a verdict issued yesterday that juveniles should be kept in reform homes, not in police custody.

A division bench of Judges Dipak Raj Joshi and Dr Ananda Mohan Bhattarai issued the verdict, responding to a petition filed against the detention of 15-year-old Surendra Shrestha. Kathmandu District Court had remanded Shrestha in Juvenile reform home on August 8 for his ‘involvement’ in drug peddling.

Advocate Rakesh Kumar Shah had moved the court, accusing the Hanumandhoka-based MetropolitanPolice Range of defying KDC’s order and keeping the child in police detention. Keeping a juvenile in police detention is against child rights, the bench observed, adding that Section 15 of the Act Relating to Juvenile Justice, 1991 and Rule 29 of the Appellate Court Rule, 1991 required that a juvenile should be kept in reform homes. The bench directed MPR to let lawyers to monitor the detainee’s condition. It ordered MPR and KDC to clarify within three days whether Shrestha has been kept alone or with minors and whether facilities in the detention centre were satisfactory.

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