When it comes to the arrest of the father in Pune’s drink-driving case, the most crucial bit is the evidence against him, said the lawyer of the teenager accused of killing two software engineers as he crashed his speeding luxury car into their motorcycle.
According to a report published by NDTV, advocate Prashant Patil, who is representing the 17-year-old, is sceptical about the father’s arrest and said the police need to have proof that he had knowledge of his son’s activities. He added that the sections under which the police have charged him are inapplicable.
The teen’s father, identified as Vishal Agarwal who is a real estate developer, was arrested on Tuesday (May 21) following the horrific incident. The boy was in an inebriated state when the crash took place.
The police said the juvenile accused was driving at a speed of 250 kmph when his Porsche hit the bike carrying the two victims, who died on the spot. Three restaurant executives have also been arrested for serving liquor to the minor, who is a few months short of turning 18 and was granted bail by the Juvenile Justice Board (JJB) hours later.
He was asked to work with the traffic police in Yerawada for 15 days, write an essay on the accident, undergo psychiatric counselling and seek treatment for his alcohol addiction. While the police have said they are trying to put the minor on trial as an adult, Patil said claiming that the father was morally responsible for his underage son’s drinking and driving is not enough.
“For any action under criminal law one needs knowledge. There has to be evidence that the father had complete knowledge whether the child was taking out the car or not taking out the car — whatever the case may be,” he told NDTV.
He said in civil or criminal law, the issue of accountability as a parent has been defined by the Juvenile Justice Act and the charges against the father have little to do with the case. The police have charged the father under sections 75 and 77 of the Juvenile Justice Act and relevant sections of the IPC and the Motor Vehicles Act.
Section 75 deals with “wilful neglect of a child, or exposing a child to mental or physical illnesses”, while Section 77 deals with supplying a child with intoxicating liquor or drugs. “Then, at the cost of some burden, if we go through the sections even as a layman – we will see they talk about a physical assault or abuse or wilful neglect,” he was quoted as saying.
Police commissioner Amitesh Kumar said the teen’s father will be produced before a court on Wednesday. According to the FIR, the father, despite knowing his son did not have a valid driving licence, gave him the car, thus endangering his life. He also allowed him to party despite knowing about his addiction to liquor.
As the easy bail conditions have set off massive public outrage with the victims’ parents and relatives calling it “murder”, Maharashtra deputy chief minister Devendra Fadnavis — who holds the home portfolio — expressed shock and surprise over the JJB taking a “lenient view” and pushed for trying the teenager as an adult.
“The order (granting bail) passed by the JJB was shocking and surprising and it aggravated the public outrage,” the deputy CM opined. The police moved an application in a higher court challenging the JJB order.
“The court, however, asked the police to again approach the Board and file a petition for revision of the order. The court also said if the JJ Board does not review its order, then police can approach the higher court,” he said.
Fadnavis said the police have approached the JJB for a revision of its order and a decision is expected by Wednesday. He said the police will do whatever it takes to ensure justice in the case.
“The police have taken the case seriously and they will not tolerate someone getting bail despite fatally knocking down two persons,” he said.
Concerns have been raised regarding pubs and restaurants where age checking is lax, he said. “The police have been asked to enforce rules meant for liquor serving establishments. Instructions have also been given to curb drunken driving,” he added.
The Madhya Pradesh-based parents of the victims have sought stringent punishment for the boy as well as his parents, accusing them of being responsible for the death of their children. The two deceased — Anish Awadhiya and Ashwini Koshta, aged 24, were killed in the car crash.
While Ashwini hailed from Jabalpur, Anish belonged to Birsinghpur Pali in Umaria district of the state. “We were supposed to send her off in a palanquin (to the groom’s house) after her marriage (in future), but now we were forced to carry her body on a bier,” said Ashwini’s inconsolable mother Mamata Koshta.
(With PTI inputs)
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