In a strongly worded decision, the Allahabad High Court on September 25, 2025, directed the immediate release of Pawan Kumar, who had spent nearly eight years in Naini Central Jail despite later being declared a juvenile. The Division Bench, comprising Justice Salil Kumar Rai and Justice Sandeep Jain, observed that the young man’s detention was "patently illegal" once his claim of juvenility was raised.
Background
The case dates back to April 2017, when Pawan Kumar was arrested along with his family for allegedly killing his elder brother in Allahabad's Tharwai area. The police booked him under Section 302 (murder) of the Indian Penal Code.
A charge sheet was filed in May 2017, and the case was committed to the sessions court soon after. During trial, Pawan claimed he was a minor at the time of the alleged crime, stating that his date of birth was 13 December 2002. The primary school principal later confirmed this through the official scholar register, showing that Pawan was just 14 years, 3 months, and 19 days old on the date of the incident.
The Juvenile Justice Board (JJB) subsequently passed an order on 15 May 2025, declaring Pawan a juvenile. Yet, despite the order being communicated to the trial court and the jail authorities, he continued to languish in prison - prompting a habeas corpus petition filed by a social worker on his behalf.
Court's Observations
The Bench carefully examined whether a habeas corpus petition could be entertained when the detention stemmed from a judicial order. Referring to landmark Supreme Court rulings, including Manubhai Ratilal Patel v. State of Gujarat and Kanu Sanyal v. District Magistrate, Darjeeling, the judges clarified that even judicial detention can be scrutinised if it becomes "illegal or without jurisdiction" over time.
"The legality of detention," the court emphasised, "is to be judged on the date of the petition, not at the time of initial custody."
The judges noted that once Pawan raised a juvenility claim, Section 9(4) of the Juvenile Justice (Care and Protection of Children) Act, 2015, barred his continued detention in jail.
"A child in conflict with law cannot be lodged in jail," Justice Rai observed, "either during inquiry regarding his age or after he has been found to be a child, except in rare circumstances defined under the Act."
The bench further held that the trial court had "mechanically" forwarded the matter to the JJB without determining the accused’s age as required under Section 9(2) of the Act. The Board, in turn, acted without jurisdiction when it declared Pawan a juvenile. Despite this procedural irregularity, the judges found the ongoing detention unsustainable.
Court's Decision
Declaring the detention "illegal and unconstitutional," the High Court ordered Pawan Kumar’s immediate release.
"The Jail Superintendent, Naini Central Jail, Prayagraj is directed to set at liberty the petitioner forthwith," the order stated.
The bench also instructed the Commissioner of Police, Prayagraj, to ensure that Pawan is produced before the trial court, which must now properly determine his age under Section 9(2) of the Juvenile Justice Act.
If the court confirms that Pawan was a child at the time of the offence, he will be forwarded to the Juvenile Justice Board for proceedings under Sections 14, 15, and 18 of the Act. Conversely, if found to be an adult at the time, the regular criminal trial will continue.
The judgment carries a wider message about the responsibility of trial courts and correctional authorities to uphold the rights of juveniles. In the court’s own words,
"No child can be deprived of liberty contrary to the procedure established by law. Continued custody in violation of statutory protection strikes at the very heart of Article 21."
Case Title: Pawan Kumar (Corpus) & Another vs. State of Uttar Pradesh & Others
Case Number: HABC No. 497 of 2025
Petitioner's Counsel: In Person, Mohd. Salman, Nazia Nafees
Respondent's Counsel: Government Advocate (G.A.)
