J&K HC Juvenile panel told to examine fresh allegations of detention of minors

not recognising the "sacrifice" of the disqualified Congress-jd(s) MLAS, because of whom the BJP could come to power in the state.

The speaker had disqualified 17 lawmakers as MLAS, ruling that they cease to be MLAS with immediate effect till the expiry

of the 15th Karnataka Assembly (in 2023). The top court had on October 25 reserved verdict on the batch of petitions challenging the disqualification of the 17 Karnataka MLAS before the trust vote moved by the previous H D Kumaraswamy government. NEW DELHI: The Supreme Court Tuesday asked the 4-member juvenile justice committee of the Jammu and Kashmir High Court to examine afresh the allegations of detention of minors by security forces in the state after the abrogation of provisions of Article 370.

A bench headed by Justice N V Ramana asked the committee to place its report as expeditiously as possible and posted the hearing for December 3

The bench, also comprising Justices R Subhash Reddy and B R Gavai, said there is a need for examining the allegations afresh as the earlier report of the committee was not in accordance with the apex court order due to time constraints.

The top court was hearing a petition which has raised the issue of alleged illegal detention of minors in Kashmir.

After hearing arguments of counsel for child rights activists and Jammu and Kashmir administration, the bench noted that "the exercise entrusted to the committee was not carried out in letter and spirit of the order of the apex court due to time constraints". The bench observed that the order passed by the apex court on September 20 had reached the committee on September 23 and after two days, the Jammu and Kashmir DGP filed a report on September 25 in which he categorically refuted the assertions and allegations made in the media and the petition.

The Committee's report also contained the findings of the Additional DGP denying allegations of illegal detention of juveniles in Kashmir.

It had told the Supreme Court that 144 juveniles were detained in the state after the Centre abrogated provisions of Article 370 of the Constitution, but 142 minors were later released.

The committee, in its report filed in the apex court, had said the remaining two were sent to juvenile homes.

When the matter came up for the hearing on October 1, senior advocate Huzefa Ahmadi, appearing for child rights activists Enakshi Ganguly and Shanta Sinha, had said that he would like to file reply to the report in which the averments regarding alleged detention of minors have been denied.

While the senior lawyer was making submission Tuesday, the bench pointed out to him that in his reply there have been use of some objectionable words relating to the members of the committee which have to be withdrawn.

Ahmadi agreed to the suggestion and said he will file an affidavit and withdraw the word "abdicated" which was written in his reply in with the report of the committee.

The bench said the four members of the committee are judges of the High Court and such word cannot be accepted.

It said the committee has some limitations and perhaps the members had time constraint.

The bench reminded the senior advocate that when the matter had first come to the apex court, the petitioners had even claimed that there was no access to justice in the High Court and the Chief Justice of India had sought report from the Chief Justice of the High Court.