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Muslim man's adoption rights cannot be denied under the Juvenile Justice Act: A Delhi court grants custody parole to terror accused

Team SoOLEGAL 1 Apr 2022 12:00am

Muslim man's adoption rights cannot be denied under the Juvenile Justice Act: A Delhi court grants custody parole to terror accused

Muslim man's adoption rights cannot be denied under the Juvenile Justice Act: A Delhi court grants custody parole to terror accused

New Delhi:  Delhi court recently ruled that a person's right to use the Juvenile Justice (Care and Protection of Children) Act cannot be denied simply because he is a Muslim and is governed by personal laws on different issues.

Additional Sessions Judge Dharmender Rana granted the man custody-parole and allowed him to travel to Haryana to sign adoption papers.

I concur with the defence counsel that merely because the applicant/accused happens to be Muslim and governed by personal laws on various issues, he cannot be debarred from availing the rights conferred upon him by general and benevolent legislation like Juvenile Justice (Care and Protection of Children) Act, 2000,” the Court stated.

The judge was acting on a petition filed by Ashabuddin, who is being held in a terror and criminal conspiracy case investigated by the Special Cell of the Delhi Police and registered underneath the Unlawful Activities (Prevention) Act as well as the Indian Penal Code, respectively.

The accused, through his advocate, requested a stay of execution on the grounds that he was required to sign adoption papers at the Tehsildar's office in Nuh, Haryana.

The prosecution argued that because adoption is not legally permissible in Islam, the very basis for custody parole is "suspicious." It was contended that personal laws apply in adoption cases, and that the application deserved to be dismissed.

The Jail Superintendent concerned is requested to make all necessary arrangements in this regard. It is hereby clarified that the expenses incurred on account of custody parole shall be borne by the applicant/accused.”



Tagged: Juvenile Justice   Act. 2000   Indian Penal Code  
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