SC grants another four weeks to J&K to file counter on minor Faizan illegal arrest

A division bench comprising JJ Mr. R.M. Lodha and Mr. Justice Fakkir Mohamed Ibrahim Kalifulla today granted four weeks time to the State of J&K to file counter to the petition of 12-year-old Faizan, a minor who was illegally arrested by Safakadal (Srinagar) Police on 25th August, 2012. Faizan was kept in police lock-up without food and water for 40 hours without even producing him before any Magistrate. The petition was filed in the Supreme Court through the State Legal Aid Committee headed by Prof. Bhim Singh, Sr. Advocate against the illegal, improper, unconstitutional and discriminatory arrest and detention. The Supreme Court issued show cause notice on 11th March, 2013 to the Union of India, Chief Secretary of J&K, Director General of Police, J&K, SHO, Safakadal among others. The court had directed the respondents to file reply by 15th April, 2013, according to the office report. The service to all the respondents was complete according to the office report itself.
Prof. Bhim Singh, Sr. Advocate 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 Rs.10 lacs to Faizan for his wrongful confinement and illegal detention.
Those who assisted Prof. Bhim Singh included M/s. Satish Vig, advocate.