Supreme Court notice on juvenile Faizan illegal arrest shall shake J&K Admn

A Division Bench of the Supreme Court of India comprising JJ Mr. R.M. Lodha, Mr. J. Chelameswar & Mr. Madan B. Lokur today issued four weeks’ notice to the Chief Secretary of J&K Govt., DG Police, IG Police Kashmir Range & SHO Safakadal, Srinagar on a writ petition filed by State Legal Aid Committee on behalf of 12-year-old Faizan Bashir, who was arrested by Safakadal Police Station (Srinagar) on 25th August, 2012. Faizan, a 7th class student was arrested by the police u/s. 307, 147, 148, 149, 152, 427, 435 RPC (Ranbir Penal Code) in FIR no. 96/2012 and kept in a solitary lock-up in police station Safakadal, Srinagar for 40 hours without producing him before a juvenile board. Faizan in his own affidavit has admitted that he was abused, humiliated and put to harassment and starve in the police station.
Prof. Bhim Singh, Sr. Advocate appearing for Faizan submitted that, “The State Legal Aid Committee had filed a writ of habeas corpus under Article 32 of the Constitution of India on 28th August, 2012 seeking Faizan release from the police lock-up, quashing the proceedings against Faizan since there are no Juvenile Board constituted in the state.” He also prayed for the implementation of Juvenile Justice (Care & Protection of Children) Act, 2007 forthwith and pay a compensation of Rs.10 lcas as an exemplary cost to Faizan for his wrongful confinement.
Prof. Bhim Singh also informed the court that Faizan was wrongfully confined in a police lock-up in violation of the Juvenile Act, produced before Chief Judicial Magistrate and remanded for 15 days in utter violation of the rule and the Juvenile Act. He informed the Apex Court that in J&K Juvenile Board has not been constituted and the so-called Juvenile Home is manned by the police which is a violation of Article 21 of the Constitution of India. Prof. Bhim Singh further submitted before the Apex Court that, “That the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, 1985 (the Beijing Rules) and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (1990) set the minimum standard to be adhered to in the administration of juvenile justice in respect of juveniles in conflict with law.”
Prof. Bhim Singh submitted that Faizan was picked up from his house at 9.30 p.m., handcuffed and kept inside a police lock up which is meant for the habitual criminal. He further said that the Govt. of J&K has used all the illegal means and methods against the children and juveniles of J&K in violation of Article 14, 19 & 21 of the Constitution of India.
Prof. Bhim Singh pleaded that children of J&K may be treated at part with the children in the rest of the country so that they can also share the fruits of independence of India. In the petition it was submitted that State of J&K has failed to make provisions to constitute Special Juvenile Police Units, Juvenile Justice/Welfare Boards, constitute Child Welfare Committee. The petition sought direction to constitute shelter homes and special homes for the juveniles in accordance with the Juvenile Justice (Care & Protection of Children) Amendment Bill, 2010 of the Union government. It said that some rules relating to Juvenile Justice Act were formulated in 2007 after a delay of 10 years yet they have not been implemented which shows the kind of administration J&K has.
The Supreme Court issued four weeks’ notice to the respondents.
Prof. Bhim Singh was assisted by M/s. Satish Vig (Advocate-on-Record), B.S. Billowria and Gaurav Kumar Bansal, Advocates.