Satisfied with Juvenile Justice Committee’s report on detention of children in Kashmir, Supreme Court

The Supreme Court today said that it is satisfied with the report of the Juvenile Justice Committee of the Jammu and Kashmir High Court which said that there are no children in illegal detention in Kashmir..The three-Judge Bench of Justices NV Ramana, R Subhash Reddy, and BR Gavai said that it is satisfied with the report and thus, disposed of the petition with certain directions..The Court has directed the Jammu and Kashmir authorities to provide psychological assistance to those minors who, according to the first report of the Juvenile Justice Committee, had been detained in the aftermath of the abrogation of Article 370 and the subsequent curfew and restrictions that were imposed in the region. This direction comes, given that Senior Counsel Huzefa Ahmadi, representing the petitioners in the matter, had requested the Court to consider passing such a direction when the matter was taken up for hearing earlier this week..The Court has also granted liberty to the petitioners, Enakshi Ganguly and Shanta Sinha, to approach the appropriate forum for relief should any material is found to show that a child was in illegal detention in any specific case..A copy of the Juvenile Justice Committee Report was sought by Ahmadi who was told by the Court that it would not entertain any challenge to the findings of the Committee which comprises four Judges of the Jammu and Kashmir High Court. The Court also said that it had perused the report of the JJ Committee and the members of the committee had themselves visited jails and detention centers to be satisfied that no minors were placed under illegal detention. Justice Ramana said,.“It would affect the image of the Judiciary if this Court goes into the report… We are ourselves satisfied with the report.”.Ahmadi, however, clarified that he is not questioning the report but asserted that it is an undisputed fact that minors were detained under the provisions for Preventive Detention under the CrPC and the Public Safety Act, which is not applicable to children..The Court, however, asserted that it would not sit in appeal on the findings of the committee and the Solicitor General Tushar Mehta agreed with the Bench on this point..After the JJ Committee had filed its first report on the issue of illegal detention of children in Kashmir in October, the petitioners had claimed that the report had merely forwarded the Police reports on the question. The Court had directed the Committee to submit a second report on the issue following which the hearing was held today.