Allahabad HC quashes termination order of PAC constable Prayag'

The Allahabad High Court has quashed an order that terminated the services of a PAC constable who had a criminal case registered against him in 1994 when he was a minor. Allowing a writ petition filed by Rajeev Kumar, Justice Ajay Bhanot said that at the time of registration of FIR and the submission of charge-sheet, the petitioner was 10 years old.

He was prosecuted under sections 323, 504 and 506 of the Indian Penal Code read with section 3(1)(x) of the SC/ST Act, and was acquitted in 2002. The court in its 90-page judgment observed that there was another aspect of the matter.

"The gravity of the offence has to be seen in the context of social realities. The practice of framing young members of a family in old disputes in villages is not uncommon. This is not only an abuse of the process of court but also has far-reaching consequences on our social structure." After going through the records of the case, the court said the Juvenile Justice Act protects the identity of a child.

In the case, no effort was made to protect the petitioner's identity at the time of investigation and trial, and even the trial court did not discharge its obligation to the rights of a child, it said. The petitioner was not prosecuted under the JJ Act 1986 and the protection afforded by the act was denied to him, the court observed.

"Trial court did not make any enquiry into the psychological state or maturity of the mind of the child to understand the consequences of his acts," the judge said. The court held that as the petitioner was acquitted in the case, the declaration made by him while joining the service in 2006 was not false.

Allowing the writ petition, the judge said his termination is wholly illegal and he was prevented from discharging his duties as a constable by the respondents on account of their arbitrary action and therefore, the petitioner is also entitled to full back wages.