Juveniles should not be sent to Regular Jails and must be housed in Observation Homes --- Islamabad High Court (IHC) Grants Bail to Juvenile Accused
Islamabad 06-02-2025: In a significant ruling, the Islamabad High Court (IHC) has granted post-arrest bail to a 14-year-old juvenile accused of drug possession, while issuing landmark guidelines for the protection of juvenile rights in Pakistan.
Mr. Justice Mohsin Akhtar Kayani ruled in favor of accused, who had been incarcerated for nearly 11 months on charges of possessing 2516 grams of heroin and 590 grams of “ice” (crystal methamphetamine). The Court found multiple violations of the Juvenile Justice System Act (JJSA), 2018, emphasizing that the juvenile was denied his legal rights during the investigation and Court proceedings.
The case stemmed from FIR No. 151, dated 24.02.2024, registered at Police Station Tarnol, Islamabad, under Sections 9(1)6(d) and 9(2)5 of the Control of Narcotic Substances Act (CNSA), 1997. The Petitioner’s counsel argued that the accused was a minor at the time of arrest, born on March 13, 2009, and therefore entitled to special protections under JJSA, 2018.
Despite the juvenile’s minor status, the police and lower Courts failed to verify his age and proceeded with his prosecution as an adult. The Investigating Officer (I.O.) and the trial Court did not consider his birth certificate or NADRA records until the IHC intervened on January 17, 2025, directing age verification.
Mr. Justice Mohsin Akhtar Kayani highlighted severe lapses in the investigation and judicial process, citing violations of domestic and international juvenile protection laws. The Court ruled that:
Section 6 of JJSA, 2018, grants automatic bail to juveniles under 16 years of age, unless there are exceptional circumstances. The accused had a presumption of bail, which was denied without legal justification. The trial Court and police failed to apply the Juvenile Justice System properly.
The lower Court neglected to verify the accused’s minor status before rejecting his bail application. The police failed to notify the juvenile’s guardian or probation officer, violating Section 5 of JJSA, 2018. The arresting officers did not place the juvenile in a designated observation home, as required by law.
The prosecution argued that drug-related offenses automatically qualify as “heinous offenses”. The Court clarified that, under Section 2(g) of JJSA, 2018, a heinous offense must be “gruesome, brutal, and shocking to public morality”, not merely based on sentence length. As the offense lacked brutality or extreme moral depravity, the accused was entitled to bail.
The Court cited Article 37 of the Child Rights Convention (CRC), 1989, which states that children should only be detained as a last resort. The State has an obligation to prioritize rehabilitation over punishment for minors.
Mr. Justice Mohsin Akhtar Kayani granted post-arrest bail to the juvenile, ordering his immediate release upon furnishing a Rs. 20,000 bail bond. In case of financial difficulty, the Court allowed personal surety from a family member.
Additionally, the Court issued strict directives to law enforcement and judicial authorities to ensure future compliance with juvenile protection laws. These include:
- Police must verify the age of every accused minor before legal proceedings.
- Juveniles should not be sent to regular jails and must be housed in observation homes.
- Juvenile Justice Committees must be activated to facilitate rehabilitation.
- Trial Courts must prioritize juvenile cases and proactively grant bail when applicable.
State must provide legal representation to all juvenile accused at no cost.
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