On May 18, a boy who was 17 years and eight months old drove a luxury car into a motorcycle at around 3 am. The boy was allegedly driving drunk.
The pillion rider died on the spot. The main rider was declared dead at the nearest hospital.
The accident led the airbags of the car, a Porsche, to open, making it difficult for the boy to flee. The public thrashed him and later handed him over to police when they reached the spot.
It is reported that the boy being a child in conflict with law – CCL – as per the provisions of Juvenile Justice (Care and Protection of Children) Act, 2015, was presented before the concerned Juvenile Justice Board (JJB). The board granted him bail with lenient conditions in a span of just 15 hours from the commission of crime.
These conditions seem like an attempt to trivialise the situation. Naturally, they led to public outrage.
The Breathalyzer test of the minor was conducted after 11 hours from the time of incident, it was reported.
It was also reported that right after the incident, on May 19, the local MLA reached the Yerwada Police Station. It was alleged that attempts were being made to make sure that the minor’s name is not associated with the incident. Public pressure and videos just after the incident made such attempts futile. Consequently, a complaint was lodged against the minor.
It is also reported that the excise department has acted against the pub and hotel which allegedly served liquor to the minor.
However, interestingly, the police have only initiated action against Prahlad Bhutada (owner of the Cosie pub), Sachin Katkar (manager of the pub), Sandeep Sangle (manager of the Blak Hotel), Jayesh Bonkar (bartender), and Vishal Agarwal (father of the minor).
The owner of the Blak Hotel, Sagar Chordia has not been included in the complaint. The Additional Commissioner of Police Manoj Patil tried justifying this step by clarifying that although Blak Hotel is owned by Chordia, the day-to-day operations are managed by his appointed team. Chordia himself was not present while the minor allegedly drank alcohol at his hotel, Patil said.
Bhutada, meanwhile, was personally present at Cosie, which he owns.
It is noteworthy that the event at which the minor had been present at the Blak Hotel mandated entry by invitation only. An attendee had to RSVP to attend the event. Questions thus arise over how the minor could have attended the event. Moreover, the event was scheduled to wrap up at 12.30 am, and the minor went to the hotel allegedly after midnight.
A WhatsApp forward appearing to show the invite to the Blak hotel event.
Section 77 of JJ Act, 2015, says:
‘Penalty for giving intoxicating liquor or narcotic drug or psychotropic substance to a child.— Whoever gives, or causes to be given [emphasis added], to any child any intoxicating liquor or any narcotic drug or tobacco products or psychotropic substance. . . shall be punishable with rigorous imprisonment for a term which may extend to seven years and shall also be liable to a fine which may extend up to one lakh rupees.’
The Commissioner of Police said in a press conference that the minor was booked under Section 304 of Indian Penal Code which deals with culpable homicide and his parents, under Section 75 of JJ Act, 2015.
On the other hand, the family of the victims have alleged mistreatment and humiliation by the police officials and local administration.
Maharashtra’s Deputy Chief Minister Devendra Fadanvis on May 21 told reporters that police have filed a review application before the JJB against the said bail order.
This incident and the way it is alleged to have been handled by the police machinery, quasi-judicial body, politicians, and high-profile section of the society, raises many important questions.
Most of all, we need to introspect if we have failed as a society.
Why was the minor allowed to drive a vehicle without licence by his guardians?
Was the minor aware of traffic rules and the repercussions of non-compliance? If not, then was it not the responsibility of his guardians to teach him about it?
Why was the minor confident enough to flout traffic rules while driving under influence?
Why was this vehicle – without a number plate – allowed on the roads?
Why did the pub and hotel serve liquor to him without checking his ID?
Why did the local MLA approach the police for this minor instead of safeguarding the interest of victims? Is he only answerable to the high-class and well-connected citizenry?
Why were the members of JJB in such a rush to grant bail to the minor without the blood test report being brought on record when the allegations were of drink-and-drive?
Why was the Breathalyzer test of the minor conducted belatedly?
If the day-to-day affairs of Blak hotel was managed by the team appointed by Sachin Chordia, and the team allowed a minor to enter the hotel and served him alcohol, then isn’t Chordia responsible for his team’s failure to follow rules?
How is the police addressing the allegations of the victims’ families, who feel they have been mistreated?
Is it justified for common victims to be given less attention in situations like these?
Have parents failed in parenting?
In the attempt to save a minor accused from the clutches of law, have we, as a society, failed that minor accused as well?
Shashwati Diksha is an advocate.