News Updates

Seemapuri Violence: Court Allows Police To Conduct Bone Test To Ascertain Age Of Accused

27 Dec 2019 3:26 PM GMT
Seemapuri Violence: Court Allows Police To Conduct Bone Test To Ascertain Age Of Accused
Your free access to Live Law has expired
To read the article, get a premium account.
    Your Subscription Supports Independent Journalism
Subscription starts from
(For 6 Months)
Premium account gives you:
  • Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.
  • Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.
Already a subscriber?

A Delhi Court allows Police on Friday to carry out bone ossification test to ascertain the age of an accused, arrested in connection with violent protest at Seemapuri against the amended Citizenship Act, claiming juvenility.

Metropolitan Magistrate Gita passed the directions after the police submitted that the accused did not have any valid age proof and it needs to conduct the test.

The court directed the Medical Superintendent of GTB hospital to conduct the test on December 28 and asked the police to submit the report by December 30.

"In the opinion of the court, ossification test of accused is necessary as no document as mentioned in the Juvenile Justice (Care and protection of children) Act, 2015, is produced on behalf of the accused. And in the absence of any such document, bone ossification test is last resort by which age of accused can be determined," the court said in its order.

The court was hearing a plea, filed through advocates Zakir Raza and Monis Rais, claiming that the accused was a juvenile.

During the hearing, the court noted that the documents submitted by the counsel for the accused to prove his age were not valid as they were certificates issued by a Madrasa where he studied.

The police said no other identity proof was available with them and hence bone ossification should be done to ascertain his age.

Advocate Raza opposed this and said that as per the Centre's notification, certificates from Madrasa are valid documents to prove one's age.

The court had earlier directed the investigating officer to verify the documents submitted by the accused and file a report by today.

Meanwhile, 10 other accused arrested in the case filed bail pleas in the court.

One of the accused, Amjad Khan, claimed in his bail plea that he was not even a part of the protesting crowd and had no role to play in the commission of any alleged offences.

The plea further said that he was in need of urgent medical attention due to severe injuries on his head, shoulders and other parts of the body.

The accused also has a history of respiratory problems and hence he would receive better medical attention in the care of his family, it said.

"The entire case rests on the allegation of some policemen and does not entail any detailed investigation justifying the custody of the accused.

"Very fact that FIR was lodged so late suggests that the police having decided to take the accused into custody and keep them in detention and concocted a case including inter alia section 307 (attempt to murder) of the India Penal Code," the plea alleged.

It further claimed that the nature of injuries of the accused suggested that he was subjected to police brutalities.

"Hence it was imperative that he be released forthwith so that he may obtain proper medical attention and psychological counselling," the plea said.

The court had earlier sent 14 people, arrested in connection with violent protests at Seemapuri area in north east Delhi against Citizenship Amendment Act and National Register of Citizens, to 14-day judicial custody.

Next Story
Share it