The Supreme Court today sought a response from Chief Justice of the Jammu & Kashmir High Court Gita Mittal on whether litigants are able to access the High Court following the restrictions imposed in the region..This unexpected order was passed by a Bench headed by Chief Justice of India Ranjan Gogoi while hearing a petition on the condition of children in Jammu & Kashmir..When CJI Gogoi queried counsel for the petitioner on the reasons for not moving the High Court, Senior Counsel Huzefa Ahmadi responded that the shutdown in the region has hampered access to the High Court..CJI Ranjan Gogoi was visibly agitated at this, and refused to hear the matter further. Instead, the Court passed an order directing the Chief Justice of the High Court to submit a report on this issue..“This is a very serious issue. I will speak to the Chief Justice personally“, CJI Gogoi remarked while also stating that the Court will take a serious view of the petitioner’s submissions, in case they are found to be incorrect..The case was then adjourned..The petition filed by child rights experts avers that detention of children in Kashmir and the excesses by the security personnel is rampant. Therefore, it has sought the Court’s intervention in the situation..The PIL lists a number of cases where children below the age of eighteen have been picked up by the authorities, with some even being beaten up in custody. The instances listed are based on media reports, which the petitioners say are serious enough to warrant judicial intervention. The petition says,.“With regard to the situation in Jammu and Kashmir, there have been certain reports specific to children, which describe violations of very different kinds, ranging in seriousness from potential loss of life and liberty of the child, to being emotionally and intellectually drawn into the conflict.”.The main area of concern highlighted in this petition is the illegal detention of young boys. It is stated that custodial excesses against them have resulted in injuries or even death, whether deliberate or accidental..The petitioners have made several prayers including a direction for a status report to be filed on the medical condition of certain children who were detained in beaten up in custody. Another prayer seeks that identification of all those persons below the age of eighteen be conducted by age census under the supervision and aegis of the Juvenile Justice Committee of the Jammu & Kashmir High Court..Additionally, the PIL also seeks for the production of all minor persons under detention before the said Juvenile Justice Committee to ensure facilitation of support. It also asks the Court to pass directions to ensure that no person below eighteen is picked up and detained without a written order specifying the legal provisions under which such detention is being carried out..Jammu & Kashmir has been under lockdown after the promulgation of a Presidential Order on August 5, when the special status granted to the State was formally revoked..[Read Order]
The Supreme Court today sought a response from Chief Justice of the Jammu & Kashmir High Court Gita Mittal on whether litigants are able to access the High Court following the restrictions imposed in the region..This unexpected order was passed by a Bench headed by Chief Justice of India Ranjan Gogoi while hearing a petition on the condition of children in Jammu & Kashmir..When CJI Gogoi queried counsel for the petitioner on the reasons for not moving the High Court, Senior Counsel Huzefa Ahmadi responded that the shutdown in the region has hampered access to the High Court..CJI Ranjan Gogoi was visibly agitated at this, and refused to hear the matter further. Instead, the Court passed an order directing the Chief Justice of the High Court to submit a report on this issue..“This is a very serious issue. I will speak to the Chief Justice personally“, CJI Gogoi remarked while also stating that the Court will take a serious view of the petitioner’s submissions, in case they are found to be incorrect..The case was then adjourned..The petition filed by child rights experts avers that detention of children in Kashmir and the excesses by the security personnel is rampant. Therefore, it has sought the Court’s intervention in the situation..The PIL lists a number of cases where children below the age of eighteen have been picked up by the authorities, with some even being beaten up in custody. The instances listed are based on media reports, which the petitioners say are serious enough to warrant judicial intervention. The petition says,.“With regard to the situation in Jammu and Kashmir, there have been certain reports specific to children, which describe violations of very different kinds, ranging in seriousness from potential loss of life and liberty of the child, to being emotionally and intellectually drawn into the conflict.”.The main area of concern highlighted in this petition is the illegal detention of young boys. It is stated that custodial excesses against them have resulted in injuries or even death, whether deliberate or accidental..The petitioners have made several prayers including a direction for a status report to be filed on the medical condition of certain children who were detained in beaten up in custody. Another prayer seeks that identification of all those persons below the age of eighteen be conducted by age census under the supervision and aegis of the Juvenile Justice Committee of the Jammu & Kashmir High Court..Additionally, the PIL also seeks for the production of all minor persons under detention before the said Juvenile Justice Committee to ensure facilitation of support. It also asks the Court to pass directions to ensure that no person below eighteen is picked up and detained without a written order specifying the legal provisions under which such detention is being carried out..Jammu & Kashmir has been under lockdown after the promulgation of a Presidential Order on August 5, when the special status granted to the State was formally revoked..[Read Order]