Kendrapara: Odisha Chief Secretary is yet to respond to the notice of National Human Rights Commission (NHRC) over conviction of a juvenile, Bulu Biswal, for over 16 years. The state administration has not sent the Action Taken Report (ATR) with regard to Biswal’s immediate release and steps taken for his rehabilitation along with financial assistance.
Although the NHRC had set a deadline for submitting ATR by July 26, 2019, the compliance report is yet to be sent to the NHRC.
The NHRC earlier passed an order after considering all materials placed before it by petitioner and rights activist Radhakanta Tripathy. Petitioner had alleged that due to neglect by administration the jail officials had confined the minor (Bulu Biswal) along with regular prisoners instead of sending him to a juvenile home, thereby causing harassment and torture to the minor.
Earlier, the NHRC had sought ATR from DGP and Secretary, Department of Women & Child Welfare, Government of Odisha in the matter.
The NHRC considered the response of Nayagarh Superintendent of Police, wherein it was stated that the accused born in 1977 was arrested on September 22, 2003 when he was a major. Currently, he is jailed in Rampur sub-jail and undergoing the sentence of life imprisonment. Therefore NHRC sought a rejoinder from the petitioner.
However, petitioner Tripathy argued that the victim was a minor at the time of commission of the crime and he should have been produced before the Juvenile Justice Board and not before sessions court. His date of birth as per school records is April 19, 1986 and a copy of the document was also annexed with the petition. The juvenile could have been sentenced for a maximum of three years for any crime but he has to stay in jail for more than 16 years due to the callousness of the authorities, Tripathy further alleged.
The NHRC considered the material placed on record and opined that the allegations are quite serious as the complainant had also annexed document in support of his claim.
In response, the Nayagarh SP informed the NHRC April 9, 2019 that after enquiry it was ascertained that Bulu Biswal was born April 20, 1986 instead of 1977. He was admitted to Maa Bauti UP School at Bhutadihi Lathipada in Nayagarh July 12, 1991. Hence, he was a minor at the time of occurrence of event on August 20, 2003. But in his chargesheet under CS 314 u/s 147/148/302/149 IPC r/w 25/27 of IPC, it was stated that he was born in 1977.
Additional DGP-cum-DG of Prisons informed the NHRC April 20, 2019 that after learning about Bulu’s age a legal-aid application accompanying Vakalatnama, a judgement copy and a copy of school leaving certificate was submitted to District Legal Service Authority, Nayagarh, for necessary action in the matter.
Thereafter, the convict submitted another petition in the district sessions judge court through District Child Protection Unit Nayagarh seeking his early release from custody, but the result is still awaited.
