SRINAGAR: A Division Bench of Apex Court comprising Justice R.M. Lodha and Justice Fakkir Mohammad Ibrahim Kalifulla Monday granted four weeks time to the State of Jammu and Kashmir to file counter to the petition of 12-years old Faizan, a minor who was illegally arrested by Safakadal, Srinagar Police last year in August.
The petition filed by Supreme Court lawyer Professor Bhim Singh through State Legal Aid Committee claims that Faizan was kept in police lock-up without food and water for 40 hours and was even not produced before any Magistrate.
The Supreme Court issued show cause notice on 11th March, 2013 to the Union of India, Chief Secretary, Director General of Police of Jammu and Kashmir, SHO, Safakadal and others. The court had directed the respondents to file reply by April 15, 2013, according to the office report. The service to all the respondents was complete according to the office report itself.
Prof. Bhim Singh, appearing in the case submitted before the court that the state has not cared to file reply and there was a delay of seven weeks. Prof. Bhim Singh also urged the court to award reasonable compensation to the minor whose education has suffered and caused agony and torture to the minor as well as to his parents.
On the request of the counsel of J&K state, court granted four weeks to file reply.
It has been submitted in the petition that Jammu and Kashmir has no Juvenile Welfare Board. This board could have handled cases of the juvenile delinquents and has power of adjudication as enshrined in the Act. Absence of Juvenile Courts is also major cause of worry which stops justice to minors.
The petition has urged the court to pay a compensation of Rs10 lakh to Faizan for his wrongful confinement and illegal detention. (CNS)
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