Supreme Court seeks J&K HC report on detained kids

New Delhi: The Supreme Court on Friday directed the Juvenile Justice Committee of J&K high court to submit a report on the alleged detention of children in the trouble torn state which is under lockdown since August 5 when it was denuded of its special status.

Since it involves the detention of children, highlighted by the child right activist Enakshi Ganguly, a bench of Chief Justice Ranjan Gogoi, Justice S.A. Bobde and Justice S. Abdul Nazeer directed Juvenile Justice Committee (JJC) of J&K high court to submit the report in a week’s time.

“As the issues highlighted pertain to alleged detention of children, we direct the Juvenile Justice Committee of the high court of Jammu & 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 court said in its order.

Having ordered the report from JJC, the top court directed its registry that a copy of Ms Ganguly’s petition be sent to juvenile committee forthwith.

The court sought report from the JJC on issue highlighted by the child right activist Ganguly in her petition instead of looking into individual cases.

Solicitor General Tushar Mehta told the court that the boy, mentioned in Ms Ganguly’s petition, was detained but when we found that he was a minor he was handed over to the Juvenile Justice Board.

At the outset of the hearing, Chief Justice Gogoi told senior counsel Huzefa Ahmadi that the report received from the Chief Justice of J&K high court did not support their statement that people were facing difficulty in approaching the High Court.  

 Meanwhile, top court on Friday sought response from the Centre on a habeas corpus petition by one Asifa Mubeen seeking to know the whereabouts of her businessman husband Dr Mubeen Shah.

The government is to respond in two week’s time.

As senior counsel Raju Ramachandran appearing for the habeas corpus petitioner Asifa Mubeen sought court’s intervention in the matter, Solicitor General Tushar Mehta said that Mr Shah was detained on August 7, 2019, and after that his brother has moved the high court and matter is pending before it.

However, Raju Ramachandra contested the submission saying the the person being referred to by the Mr Mehta was not the brother of Mubeen Shah.

Referring to the high court order recording the petitioner before it as brother of Mubeen Shah, Solicitor General said he could be his (Shah) next friend.