Et Report
Jammu, Nov 20: Divison Bench of the Supreme Court of India comprising JJ R.M. Lodha and Shiva Kirti Singh directed the counsel for J&K to file reply to the writ petition of 7th class, 12-year-old student which was filed through State Legal Aid Committee against illegal arrest and trial by the police of J&K on 25th August, 2012. Bhim Singh, Sr. Advocate appearing for the minor from Kashmir Valley strongly protested that, "In spite of the Supreme Court direction on 22nd July, 2013 to the State of J&K to justify the detention and trial of Faizan within four weeks, the State Govt. utterly failed to file the counter in the Supreme Court even after two months.He urged the Supreme Court to take appropriate action against the administration and the police for committing a heinous offence and violating the Law in regard to the Juvenile." The court noted that it will make an appropriate order even regarding the compensation as prayed in the petition. Singh submitted that, "In 1986, Government of India enacted the Juvenile Justice Act. Since then, it has been amended on several occasions while the State of Jammu & Kashmir continues to follow the archaic legislation and even that was adopted only in 1996. Even the current legislation i.e. The Juvenile Justice (Care & Protection of Children) Act, 2000 at the Centre has been amended as per The Juvenile Justice (Care & Protection of Children) Act, 2000."He submitted that J&K is the only state where there is no Juvenile Welfare Board, no Juvenile Courts and no system to handle the juveniles during the disturbances. He made a strong plea that several school going children have been put in jails, terrorized and tortured by the State government on one pretext or the other. He urged the court to direct the State counsel for J&K to submit the entire list of the minors detained by the Govt. of J&K in the police stations or in the jails. He said the Act of 1997 in this regard has not been made up-to-date or amended by the Govt. of J&K. Bhim Singh said that so-called Juvenile Homes or the police stations manned and supervised by the police without having any facilities which are provided in the Juvenile Act of the Parliament of India. The case shall be listed three weeks' after. Singh was assisted by M/s. B.S. Billowria, Satish Vig, S.K. Bandopadhyay, Advocates. |
