J&K HC report doesn't support claims of inability to access court there: SC CBI’S hunt rages on; Rajeev Kumar files anticipatory bail plea

The SC, however, directs Juvenile Justice Committee of HC to probe alleged children detention

NEW DELHI: The claim that people in the Kashmir valley are unable to access the Jammu and Kashmir High Court has not been supported by a report received from the chief justice there, the Supreme Court said on Friday.

The apex court however directed the Juvenile Justice Committee of the High Court to undertake an exercise on alleged detention of children in Jammu and Kashmir following the abrogation of Article 370 and submit a report within a week.

"We have received a report from the chief justice (of Jammu and Kashmir High Court) which does not support your statement," a bench headed by Chief Justice Ranjan Gogoi told senior lawyer Huzefa Ahmadi, who had on September 16 told the top court that people in valley were finding it difficult to approach the high court there.

The bench, also comprising Justices S A Bobde and S A Nazeer, said it too has received some "conflicting reports" on the issue but does not intend to comment on the report received from the Chief Hustice of the High Court.

Ahmadi, while representing child rights activists Enakshi Ganguly and Shanta Sinha, had said in the top court that people in Kashmir were finding it difficult to approach the high court there.

The submission was made when the top court was hearing a petition alleging detention of children in Kashmir following the abrogation of Article 370.

Taking note of Ahmadi's submission, the top court had sought a report from the Chief Justice on the issue.

During the hearing on Friday, the bench agreed to examine the plea filed by Ganguly and Sinha while observing that it has raised substantial issue pertaining to alleged detention of children.

"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 bench noted in its order.

"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," it said. The top court, which said that its Registry would send a copy of the petition to the committee "forthwith", has posted the matter for hearing after a week.

Solicitor General Tushar Mehta, appearing for Jammu and Kashmir administration, told the court that when the authorities found that one of the detenu was a juvenile, his matter was immediately referred to the juvenile justice board. "It (petition) raises substantial issues which are beyond any individual," the bench told Mehta.

The top court had on September 16 termed as "very very serious" the claim that people are finding it difficult to approach the Jammu and Kashmir High Court and asked the Chief Justice there to "forthwith" submit a report in this regard.

The CJI had then said that he would himself visit Srinagar, if required, and he would also speak to the Chief Justice of High Court about this.

The apex court was hearing a public interest litigation (PIL) seeking its intervention on the issue of alleged detention of children in Kashmir.

Mehta had earlier told the bench that all the courts in the state are functioning and even the Lok Adalats have been conducted there.

The plea has contended that all persons below the age of 18 years who have been detained be identified through an age census. Seeking directions that illegally detained children be produced before the Juvenile Justice Committee of the high court, the plea has also sought compensation from them. Police personnel in plain clothes seen outside the official residence of former Kolkata Police Commissioner Rajeev Kumar, in Kolkata, Wednesday NEW DELHI: As the CBI'S search for Rajeev Kumar in Kolkata and other adjoining regions entered its seventh day since the Calcutta High Court

lifted his arrest shield last Friday, the former Kolkata Police Commissioner has filed yet another application in the Alipore Sessions Court, seeking anticipatory bail in the Saradha chit fund case.

According to Kumar's lawyer, the anticipatory bail plea was filed on Friday and will be taken up for hearing by the court at 12 pm on Saturday (today).

Meanwhile, the special CBI teams constituted to locate the IPS officer, who has not been seen for a week now, roamed around the city, hitting spots he is suspected to visit or could be found at, according to officials.

In fact, a team from the Central Bureau of Investigation visited Kumar's official residence at 34, Park Street, where sources said his wife was asked if she had any knowledge of his whereabouts.

The central probe agency had issued a summons to him, the fourth one in a week, asking him to join the investigation at 11 am on Friday, however, officials said that Kumar had failed to appear before the agency and neither did he respond to the summons. But after the agency had issued the first summons to Kumar, asking him to appear

last Saturday, Kumar had written to CBI officials noting that he was willing to join the probe but could not do so at the moment as he was on leave until September 25.

An Alipore court had on Wednesday denied the CBI'S request to issue a non-bailable warrant (NBW) for Kumar's arrest, remarking that the agency had full right to make the arrest based on earlier orders of the Supreme Court of India and the Calcutta High Court. The court had also told the CBI to approach it if officials were "manhandled" while trying to perform their duties.

However, the Calcutta High Court, while lifting Kumar's arrest shield had observed that he is not yet an accused in the case and is merely a witness, despite which the CBI proceeded to seek an arrest warrant for him.

After three days of approaching three separate courts in West Bengal's North and South 24 Parganas districts for the NBW against Kumar, the CBI'S request was denied. But so far, both the Barasat special court and Barasat District court have also dismissed Kumar's anticipatory bail plea, citing that it does not have jurisdiction in the matter.

The CBI has also sought Kumar's "active" contact number from the head of West Bengal Police, in a bid to trace the former top cop's location, after having approached top officials of the state government in multiple letters.