Tablighi Jamaat: HC transfers minor Malaysian’s case from one JJB to another due to lack of quorum

New Delhi :  The Delhi High Court Thursday transferred the case of a minor Malaysian, who was booked for attending Tablighi Jamaat congregation during COVID-19 allegedly in violation of visa norms, from one Juvenile Justice Board (JJB) to another due to lack of quorum.
Justice Anup Jairam Bhambhani, who was conducting the hearing through video conferencing, directed that the case against the 17-year-old Malaysian national be forthwith transferred from JJB-1 in Kingsway Camp to JJB-4 in Vishwas Nagar here to be dealt with expeditiously in accordance with the law.
In exercise of its inherent powers under 482 CrPC. this court is persuaded to exercise its inherent powers to direct that the case against the applicant arising from the charge sheet in FIR. be transferred forthwith from JJB-1 in Kingsway Camp to JJB-4 in Vishwas Nagar, to be dealt with expeditiously, in accordance with the law, the judge said while dictating the order.
The high court was informed by the minor’s counsel that like other 121 Malaysian nationals, the juvenile was willing to enter plea bargaining but due to vacancy and lack of a quorum (number of judges required to be present to make it a sufficient bench) in JJB-1, he cannot proceed over.
It was told that the High Commission of Malaysia has made arrangements for 121 Malaysians to return to their country on Friday and only the juvenile will be left behind in India.
Delhi government standing counsel (criminal) Rahul Mehra and advocate Chaitanya Gosain confirmed the high court that in JJB-1, presently there is only one Principal Magistrate and there are two vacancies and due to lack of quorum in JJB-1, there might be a delay in the final order in the case.