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SC asks for fresh report on child right violation in Jammu and Kashmir

The Supreme Court has once again sought report from the Jammu and Kashmir High Court's Juvenile Justice Committee on alleged violation of children in Jammu and Kashmir.

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Published : Nov 5, 2019, 11:59 PM IST

New Delhi: The Supreme Court on Tuesday sought another report from the Jammu and Kashmir High Court's Juvenile Justice Committee on a fresh petition filed by child rights activists Shantha Sinha and Enakshi Ganguly alleging rights violation of children in Jammu and Kashmir post the revocation of Article 370.

A bench headed by Justice N.V. Ramana asked the four-member Juvenile Justice Committee of the High Court to examine allegations of detention of minors by security forces in the region and submit a report as soon as possible. It has scheduled the next hearing on December 3.

Also read : NC urges govt to release political leaders in Jammu and Kashmir

The apex court had on September 20 sought a report from the Committee on similar allegations made in a plea. The High Court submitted the report on September 26.

However, the petitioners raised objections to this report and also criticised the process adopted to arrive at the conclusions. Commenting on the report, they said: "It merely forwards the contents and conclusions of the report submitted to it by the Director-General of Police without any findings of its own."

The petitioner's counsel told the apex court that the report does not indicate any judicial review or any application of mind or independent examination or verification of the allegations.

The court observed that the judges on the committee, due to paucity of time, could not examine the allegations in detail, and it should not be held against them.

"Let us have some faith in the four judges of the High Court on the Committee," it said replying to the volley of allegations on the report.

The petitioners contended that the local police made submissions in its report taking things at the face value, without actually investigating the allegations.

"It could not have delegated the whole exercise to the DGP without giving its own independent findings. Thus the mandate given by the Supreme Court is not met and the Juvenile Justice Committee has abdicated its jurisdiction," said the petitioner.

The bench observed there were some loopholes in the report and more facts should have been examined. "Let them (Committee) do that and submit a fresh report," it said.

Also read: One killed and 24 injured in a grenade attack in J-K's Srinagar

New Delhi: The Supreme Court on Tuesday sought another report from the Jammu and Kashmir High Court's Juvenile Justice Committee on a fresh petition filed by child rights activists Shantha Sinha and Enakshi Ganguly alleging rights violation of children in Jammu and Kashmir post the revocation of Article 370.

A bench headed by Justice N.V. Ramana asked the four-member Juvenile Justice Committee of the High Court to examine allegations of detention of minors by security forces in the region and submit a report as soon as possible. It has scheduled the next hearing on December 3.

Also read : NC urges govt to release political leaders in Jammu and Kashmir

The apex court had on September 20 sought a report from the Committee on similar allegations made in a plea. The High Court submitted the report on September 26.

However, the petitioners raised objections to this report and also criticised the process adopted to arrive at the conclusions. Commenting on the report, they said: "It merely forwards the contents and conclusions of the report submitted to it by the Director-General of Police without any findings of its own."

The petitioner's counsel told the apex court that the report does not indicate any judicial review or any application of mind or independent examination or verification of the allegations.

The court observed that the judges on the committee, due to paucity of time, could not examine the allegations in detail, and it should not be held against them.

"Let us have some faith in the four judges of the High Court on the Committee," it said replying to the volley of allegations on the report.

The petitioners contended that the local police made submissions in its report taking things at the face value, without actually investigating the allegations.

"It could not have delegated the whole exercise to the DGP without giving its own independent findings. Thus the mandate given by the Supreme Court is not met and the Juvenile Justice Committee has abdicated its jurisdiction," said the petitioner.

The bench observed there were some loopholes in the report and more facts should have been examined. "Let them (Committee) do that and submit a fresh report," it said.

Also read: One killed and 24 injured in a grenade attack in J-K's Srinagar

Intro:After hearing a petition filed by Enakshi Ganguli on children detention in Jammu and Kashmir after article 370 was abrogated, the Supreme Court bench led by Justice NV Ramana directed the Juvenile Justice Committee to submit a fresh report after going into the issue independently. The bench observed that the repprt doesn't indicate application of mind in respect to facts. It also observed that due to lack of time before, the committee possibly could not take the factual excercise. The court said that the matter will be considered after a fresh report has been filed.


Body:The Juvenile committee was asked by the apex court to submit the report earlier.

Advocate Huzefa Ahmedi appearing for Ganguli cited various media reports of children detention and also the committee's report. He said that children were detained under preventive detention which is not permissible under the Public Safety Act.

"There is pattern to this, why people get acquitted. There are botched investigations. We have to see the gravity of the offence and the severity of the punishment," observed Justice Ravindra Bhat.

Solicitor General Tushar Mehta, appearing for the government wanted the case to be disposed off here in the top court and be dealt in Jammu and Kashmir High Court as he claimed(Citing J&K CJ report) that the court was functioning normally there. Ahmedi countered and said that issues similar to Kashmir issues, on article 32, were dealt in the Supreme court itself then why this case should be disposed off.


Conclusion:The court will hear the matter again on 3rd Decemeber now.
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