SC seeks J&K HC's report on detention of children

The Supreme Court on Friday directed the Jammu and Kashmir High Court's Juvenile Justice Committee to ascertain the facts on alleged detention of children after the August 5 orders to take away the special status of the state and to reorganise it into two Union Territories.

A bench of Chief Justice Ranjan Gogoi and Justices S A Bobde and S Abdul Nazeer said there were “conflicting reports” about the allegations made by child rights activists Enakshi Ganguly and Prof Shantha Sinha in their petitions.

“As the issues highlighted pertain to alleged detention of children, we direct the Juvenile Justice Committee of the High Court of Jammu and Kashmir to undertake an exercise with regard to the facts stated in the writ petition and revert to us within a week from today,” the bench said in its order.

The top court had last week sought a report from the Chief Justice of the High Court on a contention made by senior advocate H Ahmadi that it was difficult to access the High Court due to prevailing situation over there. The remark was taken seriously by the CJI, who had said if need be, he would himself visit the state to ascertain the situation.

On Friday, the bench said, “We have perused the report sent to us by the Chief Justice of the Jammu and Kashmir High Court pursuant to our order dated September 16, 2019. At this stage, we do not consider it appropriate to offer any comments on the said report.”

The petitioners had claimed that there were reports that a large number of youths and minors were picked by the security forces and illegally detained. Among others, they contended that even if a child was a potential stone pelter, he should not be detained without an express written order by the judicial authority.

In a related development, the top court also issued a notice to the state and Srinagar district magistrate, seeking their response within two weeks on a writ petition (habeas corpus) filed by Asifa Mubeen seeking production of her husband Mubeen Shah, who has, in the past, been the president of the Chamber of Commerce at Srinagar.

Represented by senior advocate Raju Ramachandra, she stated her husband was wrongfully deprived of his liberty and lodged at Agra jail on the basis of a detention order passed on August 7 under the J&K Public Safety Act, 1978. “The detenu is a medical doctor by qualification and a leading businessman by profession and currently a resident of Malaysia,” her petition stated.

Solicitor General Tushar Mehta, for his part, contended the high court had admitted a similar petition filed by Mufti Shaukat, brother of the detenu.