The HC was answering the reference of the Principal District and Sessions Judge Bhopal seeking guidance from it on the trial of a juvenile accused in the Bhopal-Ujjain passenger train blast.
Ten persons were injured, three of them seriously, in the blast that took place at Jabdi station in Shajapur district in March 2017. The National Investigation Agency is probing the case.
A single bench comprising Justice Sanjay Dwivedi observed, "The Juvenile Justice Act which provides for clear cut non-obstante over any other law for the time (was) in force. This court is of the view that the JJ Act 2015 will have an overriding effect over the NIA Act 2008."
The jurisdiction to try the case would vest in Children's Court and not in the Special court under the NIA Act, the HC order of Monday said.
"On the date of incident, the said juvenile was less than 18 years of age. Therefore, the case was sent to the Juvenile Justice Board for disposal according to law", the court order read.
"The Principal Magistrate, Juvenile Justice Board, Bhopal has passed an order dated 28.04.2024 with the observation that although the juvenile on the date of incident was only 17 years of age, he was physically and mentally fit and was competent enough to understand the consequences of the offences committed," the court order said.
With aforesaid observations, the case was transferred to the Children's Court but this court was not notified under NIA Act, the HC order observed.
"As such reference has been made so as to ascertain which court will try the case; whether it is the court notified under NIA Act or it is the Children's Court," it said.
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