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Judgment
G.S. Ahluwalia, J
This application has been filed for cancellation of bail granted to the respondents No.2 and 3. One of the ground raised by the applicant is that since, both the respondents No.2 and 3 are above the age of 16 years and they have been charged for committing the offence of rape, therefore, before entertaining the application under Section 12 of Juvenile Justice (Care and Protection of Children) Act, 2015 (in short “ the Act, 2015”) the Board should have made an assessment under Section 15 of the Act, 2015. Accordingly, the following question arises for consideration:-
Whether Juvenile Justice Board can decide an application under Section 12 of the Act, 2015, even prior to making preliminary assessment under Section 15 of the Act, 2015 or the Board should take up the application filed under Section 12 of the Act, 2015 only after making a preliminary assessment under Section 15 of the Act, 2015.
Since, a question of law is involved, therefore, Shri R.K.Sharma, Senior Advocate and Shri V.D.Sharma, Advocate are appointed as an amicus curiae to address this Court on this issue.
As prayed, list on 23/03/2022 at the top of the list.
It is also made clear that any other member of Bar, who is also interested to address the Court on this above mentioned issue is also welcome.