Case by case, J&K panel re­buts all claims of mi­nors’ il­le­gal de­ten­tion

Nod for kin to meet, lead­ers end fast

The Times of India (New Delhi edition) - - Times Nation - Dhanan­jay.Ma­ha­p­a­tra @times­group.com

New Delhi: The Ju­ve­nile Jus­tice Com­mit­tee (JJC) of Jammu & Kash­mir high court com­pris­ing four HC judges sub­mit­ted a re­port to the Supreme Court giv­ing de­tails of 144 mi­nors ar­rested by the po­lice since Au­gust 5 and said that 142 of them were re­leased while two were in ju­ve­nile homes.

The JJC, com­pris­ing chair­man Jus­tice Ali Mo­ham­mad Ma­grey and mem­bers Jus­tices Dhi­raj Singh Thakur, San­jeev Ku­mar and Rashid Ali Dar, in its re­port de­tailed FIRs un­der po­lice sta­tions pur­suant to which the ju­ve­niles were de­tained and the date they were re­leased. Ex­cept two, all oth­ers were re­leased the same day they were ar­rested.

Pe­ti­tion­ers and child right ac­tivists Enakshi Gan­guly and Shanta Sinha had based their pe­ti­tion on re­ports on news por­tals and in­ter­na­tional me­dia al­leg­ing a large num­ber of il­le­gal de­ten­tions of mi­nors since Au­gust 5 when the Cen­tre scrapped J&K’s spe­cial sta­tus.

Abench led by CJI Ran­jan Go­goi had said on Septem­ber 20: “As the is­sue per­tains to al­leged de­ten­tion of chil­dren, we direct the JJC of the HC of J&K to un­der­take an ex­er­cise with re­gard to the facts stated in the writ pe­ti­tion and re­vert to us within a week.”

The JJC’s re­port dated Septem­ber 26 dealt with each in­ci­dent of al­leged il­le­gal de­ten­tion of mi­nors by the po­lice men­tioned in the pe­ti­tion, which was based on re­ports in Wash­ing­ton Post, Quint, Scroll and Car­a­van. The JJC also said the com­mit­tee or its mem­bers in­di­vid­u­ally “has not re­ceived any com­plaint or rep­re­sen­ta­tion or any­thing like that from any in­di­vid­ual, lawyer, hu­man rights ac­tivists, group per­sons, or­gan­i­sa­tions, civil so­ci­ety mem­bers or any other per­son com­plain­ing about ar­rest of any ju­ve­nile”.

Af­ter get­ting re­ports from sub­or­di­nate courts and district ju­ve­nile jus­tice com­mit­tees, the HC JJC also sought a re­port from the state po­lice on al­leged in­ci­dents of il­le­gal de­ten­tion of mi­nors, men­tioned in the pe­ti­tion. Fol­low­ing are ex­tracts of the DGP’s re­port to the HC com­mit­tee:

De­ten­tion of 11-year-old from Pam­pore is fac­tu­ally not cor­rect. “This (news) re­port has been gen­er­ated with the in­ten­tion to ma­lign the po­lice and to cre­ate a story which may have an el­e­ment of sen­sa­tion­al­ism”

In­ci­dent at Soura: Po­lice ad­mit it to be a dis­turbed area in which mi­nors were found in­volved in vi­o­lence. “The re­port car­ried by Wash­ing­ton Post doesn’t in­di­cate the source which has quoted this in­ci­dent to check ve­rac­ity”

Quint re­port on Bara­mulla in­ci­dent ap­pears to “have been solely based on fic­tional imag­i­na­tion... it ap­pears very strange that in­ter­na­tional print me­dia and on­line news por­tals could carry this false re­port but not the lo­cal me­dia” Ade­ci­sion

to re­strict fam­ily mem­bers from meet­ing de­tained po­lit­i­cal lead­ers in J&K was re­voked this week af­ter around 30 of those lodged at Srinagar’s Cen­taur Lake View Ho­tel went on a hunger strike, sources said. The lead­ers, most of them mid-level func­tionar­ies of NC, PDP and Peo­ple’s Con­fer­ence, ended the protest af­ter as­sur­ances that rel­a­tives would be al­lowed to visit them on all days.

Con­firm pick­ing up two boys in­volved in stone-pelt­ing in Ra­jbagh po­lice sta­tion area on Au­gust 22. “Af­ter proper coun­selling by the SHO, they were handed over to their par­ents the same day”

Wash­ing­ton Post re­port of Au­gust 30 about two boys was “wrong re­port­ing” as it did not pro­vide specifics about the al­leged in­ci­dents

Scroll re­port of Au­gust 28 “sug­gests as if po­lice are a preda­tor on a prowl” al­leg­ing that a boy on his way to hos­pi­tal with tea and food was ar­rested. It de­fies com­mon sense as to why he would be ar­rested and put be­hind bars. “This is noth­ing but at­tempt to de­mor­alise po­lice”

Wash­ing­ton Post re­port of Au­gust 9 “is false and base­less” as no such re­port on ar­rest of a mi­nor has been re­ported

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