SC asks J&K HC committee to examine fresh allegations of detention of minors

A bench headed by Justice N V Ramana asked the committee to place its report as expeditiously as possible and posted the hearing for December 3.

Published: 05th November 2019 01:54 PM  |   Last Updated: 06th November 2019 11:12 AM   |  A+A-

Supreme Court

Supreme Court ( Photo | Shekhar Yadav, EPS)

By Express News Service

NEW DELHI: The Supreme Court on Tuesday asked the Juvenile Justice Committee of Jammu and Kashmir High Court to file a fresh report on allegations that minors were being detained illegally by security forces in the Union Territory.

The order came on a plea filed by child rights activists Enakshi Ganguly and Shanta Sinha, which had sought directions from the court to produce before the high court children who were illegally detained, and to provide compensation to their families.

During the arguments, petitioners argued that the report filed merely reflects what the additional director general of police had to say and does not address the issues stated in the petitions.

The bench accepted Ganguly’s submissions that the juvenile justice panel did not elaborately go into allegations of preventive detention of children, and hence it is better to send the issue back to the committee to examine each case of detention.

Solicitor General Tushar Mehta, appearing for the J&K government, said the matter may be sent back to the juvenile justice panel and said, “The situation is much better today.”

The petitioners opposed the disposal because other benches were hearing petitions on J&K issues despite the High Court functioning, so this case should also be heard in the apex court as it breaches fundamental rights of minors. 

In a separate case challenging the communication lockdown in the Valley, Kashmir Times Executive Editor Anuradha Bhasin told the bench that notifications and orders shutting down mobile, landline and internet services in J&K were illegal and unconstitutional.

Bhasin, represented by advocate Vrinda Grover, told the bench that even after 90 days, prepaid mobile services, internet, SMS and data services were unavailable, affecting the working of the media.

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