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This is an archive article published on October 2, 2019

144 minors were detained, Jammu and Kashmir admits to top court

Of these, 142 had already been released and only two were still in juvenile homes, the report said, citing information provided by the police and other state agencies.

public safety act jammu kashmir, kashmir minor detained, kashmir lockdown communication blackout, article 370 special status kashmir, kashmir news, latest news The JJ Committee also told the Supreme Court it had not got any petition on alleged detention of any juvenile but added there were some Habeas Corpus petitions in the High Court in which the detainees were said to be children.

THE JUVENILE Justice Committee of the Jammu and Kashmir High Court Tuesday told the Supreme Court that 144 juveniles aged between 9 years and 17 years and in conflict with the law were arrested — mostly preventive detentions — in the state since August 5 when the Centre revoked the special status granted to it under Article 370 of the Constitution.

Of these, 142 had already been released and only two were still in juvenile homes, the report said, citing information provided by the police and other state agencies.

Hearing a petition by Child Rights Activist Enakshi Ganguly and Santha Sinha, the Supreme Court had asked the J&K High Court’s JJ Committee to look into the allegations that children were being illegally detained, and submit a report.

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Following this, the committee chaired by Justice Ali Mohammad Magrey sought reports from state agencies as well as subordinate courts. The state DGP’s report to the committee denied the charges of illegal detention of any child. It said “no child has been kept or taken into illegal detention by the Police authorities as strict adherence is placed on the provisions of Juvenile Justice (Care and Protection of Children) Act.”

Explained: What’s changed in Jammu and Kashmir?

The JJ Committee also told the Supreme Court it had not got any petition on alleged detention of any juvenile but added there were some Habeas Corpus petitions in the High Court in which the detainees were said to be children.

In his report, the DGP said the state has appointed an officer of the rank of ADGP as nodal officer for implementation of the Act.

“At District level, an officer has been nominated for the purpose and it has been ensured that at every police station level, a juvenile police officer has been designated. As and when any report in respect of a juvenile in conflict with law is received, the said juvenile is dealt strictly as per the prescribed law on the subject,” the report said.

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Meanwhile, the J&K government last week revoked the detention order and released one of the four minors arrested under the Public Safety Act. The boy was held in a jail in Bareilly, Uttar Pradesh, for seven weeks. The state’s decision came after his family challenged the detention in the J&K High Court. The court had asked the Anantnag District to look into the age of minor.

The family members of the minor – who is now home – said they produced the certificates and date of birth proof of the minor in the J&K High Court. “On September 25, we received the order from the government informing that the PSA has been revoked,” the uncle of the minor boy told The Indian Express.

The ‘grounds of detention’ order signed on August 8 by the District Magistrate, Anantnag, had claimed that the age of the boy was “22 years” and that he was affiliated with an “over ground worker” of “JeM”.

Ananthakrishnan G. is a Senior Assistant Editor with The Indian Express. He has been in the field for over 23 years, kicking off his journalism career as a freelancer in the late nineties with bylines in The Hindu. A graduate in law, he practised in the District judiciary in Kerala for about two years before switching to journalism. His first permanent assignment was with The Press Trust of India in Delhi where he was assigned to cover the lower courts and various commissions of inquiry. He reported from the Delhi High Court and the Supreme Court of India during his first stint with The Indian Express in 2005-2006. Currently, in his second stint with The Indian Express, he reports from the Supreme Court and writes on topics related to law and the administration of justice. Legal reporting is his forte though he has extensive experience in political and community reporting too, having spent a decade as Kerala state correspondent, The Times of India and The Telegraph. He is a stickler for facts and has several impactful stories to his credit. ... Read More

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