During the hearing, counsel for intervenor Haq Centre for Child Rights brought to the notice of the Court, the preliminary assessment report prepared by a psychologist.
It was submitted by the intervenor that the report revealed that the constitutional right against self-incrimination of the child was completely compromised and waived for the purpose of preliminary assessment.
It was further contended that through the psychological examination or inquiry, the child was being asked questions that even an adult cannot be compelled to answer under the law when faced with allegations of the commission of a heinous offence.
The Court noted the same in its order.
Besides the guidelines directed by the Supreme Court in relation to the report of preliminary assessment in Barun Chandra Thakur Vs. Master Bholu & Anr., the Court found that even the questionnaire relating to the preparation of the social investigation report (SIR) for children in conflict with law under Section 8 of the JJ Act were incorrect since a presumption was raised at the pre-trial stage itself that the child had committed the offence.
The matter was eventually adjourned for December 7 after noting that record from JJ Board has not been received.
“Though the record from the Court of learned ASJ has been received, however the record from the learned Juvenile Justice Board has not been received. Registry will call for the record of the Juvenile Justice Board in sealed cover to this Court before the next date of hearing,” the order said.
Source: Barandbench
