Naresh Singh vs State Of Nct Of Delhi

Manoj Jain, J

The case has been received on transfer/allocation.

Petitioner seeks issuance of writ of mandamus directing respondent to remove/delete the negative remarks appearing against him. The deletion is sought for the reason that negative remarks pertain to the period when the petitioner, being minor, had committed offence.

Petitioner is desirous of having a passport and when he applied for the same, his application was kept on hold and under review as there was an adverse police verification report with the remarks that he is found involved in case FIR No.193/2000 under Sections 380/419/420/468/471/120B/34 IPC, Police Station New Friends Colony, Delhi.

Petitioner, admittedly, was accused in the abovesaid FIR as he was found using a fake DTC pass.

Admittedly, at the time of the alleged commission of offence, he was juvenile. He was produced before the concerned Juvenile Justice Board where he pleaded guilty and deposited the fine.

Learned Standing Counsel (Crl.) for the State appears on behalf of respondent/State and seeks to submit status report. The same is taken on record.

Learned Standing Counsel (Crl.) for the State does admit that whenever any individual applies for Police Clearance Certificate, the details with respect to the criminal record stand reflected in the system automatically. He acknowledges that in view of Section 24 of Juvenile Justice (Care and Protection of Children) Act, 2015 (in short'JJAct'), the record of conviction of a juvenile offender is not to be preserved and is required to be destroyed and any such conviction cannot invite disqualification of any nature whatsoever. It is undertaken that requisite intimation in this regard would be sent to the concerned quarter.

Needless to emphasize, Section 24 of JJ Act and Rule 14 of Rules made thereunder are of great significance. These recognize that 'Right to be forgotten' for a juvenile is an absolute right, which is non-negotiable. Such invaluable right must for safeguarding their future prospects. Thus, once the case is over, the conviction cannot be permitted to be used either as a disqualification or as stigma.

Since the abovesaid infraction with law was at the time when the petitioner was a juvenile, the record has to be destroyed. The State Crime Records Bureau (SCRB) shall immediately remove the data with respect to the abovesasid case, so far as it relates to the petitioner herein.

In view of the abovesaid direction, learned counsel for the petitioner does not press for any further relief.

The petition is, accordingly, disposed of with the abovesaid directions.

Copy of the order be given dasti under the signatures of Court Master.