Orissa High Court Converts Juvenile Detention Writ Into PIL After CCTV Review Reveals Statutory Violations

A Division Bench led by the Chief Justice found police at Pirahat Station had treated a minor child in conflict with law contrary to the Juvenile Justice Act and Odisha Rules, prompting conversion to a PIL.

Over three hearing dates spanning May and June 2026, a Division Bench of the High Court of Orissa at Cuttack — comprising Chief Justice Harish Tandon and Justice Murahari Sri Raman — examined allegations that a minor child was called to Pirahat Police Station in Bhadrak district on 2 November 2025, held for several hours, questioned by the investigating officer, and physically assaulted. The writ petition, framed in the nature of habeas corpus, was filed by Sarat Majhi, the child's father. After reviewing CCTV footage produced by the Superintendent of Police, Bhadrak, and finding discrepancies and non-adherence to statutory provisions, the bench on 29 June 2026 concluded that the broader pattern of police apathy towards juvenile justice norms warranted a Public Interest Litigation rather than a disposed individual writ.

Allegations and Initial Directions on 4 May 2026

The petition placed before the bench alleged that a juvenile was summoned to a police station and detained for several hours during an investigation. Questions were put to the child directly by the investigating officer. The bench observed that no child-friendly corner appeared to have been established at the station, and noted that even a juvenile who is a child in conflict with law cannot be treated the same as an adult accused. The bench characterised the situation as a failure to respect “the legislative mandate of the juvenile justice law prevalent in the country.”

On that first date, the bench directed the Superintendent of Police, Bhadrak to appear personally on 18 May 2026 and explain whether any child-friendly corner existed at the police station or elsewhere in his jurisdiction. Counsel for the petitioner was Mr. Asutosh Rout. Ms. Aishwarya Dash appeared as Additional Standing Counsel for the State.

Superintendent's Affidavit and Fresh Concerns on 18 May 2026

Mr. Manoj Kumar Rout, Superintendent of Police, Bhadrak appeared personally on 18 May 2026 and filed an affidavit asserting that Pirahat Police Station does have a child-friendly corner with all required amenities. The affidavit also stated that the alleged incident of 2 November 2025 had “no semblance of truth” and that all steps mandated by the Juvenile Justice (Care and Protection of Children) Act, 2015 had been followed. It further disclosed that a Special Juvenile Police Unit had been constituted in the district and a Child Welfare Police Officer designated at the station.

The petitioner's counsel, on instructions from Sarat Majhi, took a different position. He submitted that the child had been taken to a part of the police station not covered by CCTV and was physically assaulted. In support, a discharge and referral certificate issued by the Medical Officer of the District Headquarter Hospital, Bhadrak — showing the child was admitted on 4 November 2025 and discharged on 5 November 2025 — was relied upon and annexed to the petition.

The bench also noted, from instructions submitted by opposite party No.4, that the Officer-in-Charge of Pirahat Police Station herself had interrogated the child and conducted the investigation — not the Special Juvenile Police Officer as mandated. This directly contradicted the affidavit's claims of full compliance.

In view of this conflict, the bench directed the Superintendent to produce CCTV footage from Pirahat Police Station covering 8 PM to 12 midnight on 2 November 2025. The IIC of Pirahat Police Station and the Child Welfare Police Officer were also directed to appear personally on the next date along with the Superintendent. The matter was listed for 29 June 2026.

CCTV Review and the Court's Findings on 29 June 2026

On 29 June 2026, the Superintendent produced the CCTV footage as directed. Mr. Manoj Kumar Rout, IIC Ms. Rojalin Behera of Pirahat Police Station, and Sub-Inspector Mr. Shyamsundar Nayak of the same station were all personally present. Mr. Kailash Chandra Kar appeared as Government Advocate for the State, assisted by Ms. Aishwarya Dash.

The bench reviewed the CCTV excerpts and made several factual observations. The footage did not show any physical assault being inflicted on the child. The medical certificate likewise did not corroborate an assault, documenting only admission and discharge dates. The footage showed the child arriving at the station at 7:52 PM and leaving with his father at 12:04 AM on 2 November 2025. On that basis, the bench found that a case of illegal detention had not been made out.

However, the bench recorded a separate and more pointed concern. The footage and materials before the court revealed “certain discrepancies, violations and non-adherence of the statutory provisions.” The child had been treated in a manner inconsistent with the requirements of the Odisha Juvenile Justice (Care and Protection of Children) Rules, 2018 and the parent Act. The bench described this as “complete apathy” by the police administration in understanding its obligations when dealing with a child, whether in conflict with law or not.

Why the Bench Chose Conversion to PIL

The bench's decision to convert the writ petition into a PIL was not merely procedural. It reflected the court's view that the failures disclosed in this single petition were symptomatic of a wider and systemic problem. The bench observed that the matter should be dealt with as a PIL “so as to deal with the cases where there has been rampant violation and/or implementation of various provisions of the Act concerning children.”

By converting the matter, the court preserved all documents and records from the writ petition, directing them to be included in the newly registered PIL. This allowed the factual record built across three hearing dates — the affidavits, the CCTV footage, the medical certificate, and the court's own findings — to form the evidentiary foundation of the larger proceeding.

The underlying individual writ petition was treated as disposed of, since the larger systemic question would be addressed separately. The personal appearance obligations of all three officers — the Superintendent, the IIC, and the Child Welfare Police Officer — were dispensed with.

Outcome

WPCRL No.6 of 2026 was disposed of on 29 June 2026. The Registry of the High Court of Orissa at Cuttack was directed to register a separate Public Interest Litigation, incorporating all records from the writ petition. The personal appearance of Mr. Manoj Kumar Rout (Superintendent of Police, Bhadrak), Ms. Rojalin Behera (IIC, Pirahat Police Station), and Mr. Shyamsundar Nayak (Sub-Inspector, Pirahat Police Station) was dispensed with. The systemic issues around implementation of the Juvenile Justice (Care and Protection of Children) Act, 2015 and the Odisha Juvenile Justice (Care and Protection of Children) Rules, 2018 will now be addressed in the PIL proceedings before the Division Bench.