SC Accepts J&K HC Report Saying No Minors Were Detained

The bench granted liberty to the petitioners to approach the appropriate forum if they have any further grievance.

The Supreme Court of India.

(Photo Courtesy: Reuters)

The Supreme Court on Friday, 13 December, said it is satisfied with the report of Juvenile Justice Committee of Jammu and Kashmir High Court which said that no minors were detained in jails in the erstwhile state post the abrogation of the provisions of Article 370.

The apex court, after perusing the Committee’s report, said that four high court judges visited all the jails in J&K and they have clearly stated that no minors have been illegally detained there.

A bench, headed by Justice N V Ramana, said that it would not be proper if the court does not believe its own judges.

The bench made this comment when senior advocate Huzefa Ahmadi, appearing for petitioner Enakshi Ganguly who has alleged that minors were detained there post abrogation of provisions of Article 370, insisted that he should be given time to respond to the committee’s report.

The bench granted liberty to the petitioners to approach the appropriate forum if they have any grievance over alleged detention of minors in Jammu and Kashmir.

The court on 5 November asked the Committee to examine afresh the allegations of detention of minors by security forces and place its report expeditiously.

It observed that the Jammu & Kashmir DGP had filed a report on 25 September in which he categorically refuted the assertions and allegations made in the media and the petition.

The Committee’s report also contained the findings of the Additional DGP denying allegations of illegal detention of juveniles in Kashmir.

It had told the Supreme Court that 144 juveniles were detained in the state after the Centre abrogated provisions of Article 370 of the Constitution, but 142 minors were released. The remaining two were sent to juvenile homes.

Ahmadi had earlier said in court “This is an Article 32 petition which is itself a fundamental right. This Court has heard petitions of other persons on similar issues from Kashmir. So why not this petition which affects fundamental rights of children.”

On 20 September, the apex court had asked the Committee to undertake an exercise with regard to the facts stated in a petition filed by the two child right activists.

The four-member Juvenile Justice Committee of the Jammu and Kashmir High Court is headed by Justice Ali Mohammad Magrey.