A division bench comprising Chief Justice J N Patel and Justice S Chakraborti directed that the minors, accused in different cases, be transferred to juvenile homes and tried by the Juvenile Justice Board.
A Delhi-based NGO, which moved a PIL, conducted a survey and claimed in its findings that 50 minors were in the Presidency Jail and Dum Dum Central Jail in Kolkata.
Admitting that there were 49 minors in the two jails, the public prosecutor, when asked by the court to explain why they were in jail, submitted that the police in some cases did not mention their age while registering cases leading to the problem.
After hearing both sides, the bench directed that the minors be released from jails and transferred to juvenile homes immediately.
The court also asked the state to explain why the minors in the two jails would not be paid compensation.
It also directed the inspector general of prisons to file a report stating how many other minors were lodged in other jails in the state.
The matter would come up for hearing again on June 18.
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