SC seeks fresh report on child rights violation in J&K

The Supreme Court of India
The Supreme Court of India. (File Photo: IANS)

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.

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.

Solicitor General, representing the Centre, said no appeal should be allowed after the report has been submitted in the court.

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