New Delhi: The Supreme Court on Friday dismissed a claim of a petitioner's lawyer early this week that people in the Kashmir valley are unable to access the High Court in Srinagar, citing a report it had sought from the High Court chief justice.
Senior advocate Huzefa, appearing for child rights activists Enakshi Ganguly and Shanta Sinha, had made the claim before the court of Chief Justice of India Ranjan Gogoi on Monday on why not approach the High Court on the petition alleging detention of children in the valley following abrogation of Article 370. The petition claimed even children are being detained because there is no access to the High Court to oppose them.
The Bench had repeatedly asserted in the hearing of a bunch of the Kashmir-related petitions that the parties can approach the High Court for relief instead of rushing to the top court.
CJI told the lawyer at the outset that "we have received a report from the chief justice which does not support your statement." The Bench, which also included Justices S A Bobde and S A Nazeer, however, agreed to entertain the petition of the child rights activists since it raised "substantial issues and pertain to alleged detention of children."
It sought from the Juvenile Justice Committee of the J&K High Court a report within a week on the issues raised in the petition. Solicitor General Tushar Mehta told the Bench on behalf of the J&K administration that one of the detenue was a juvenile and his matter was immediately referred to the juvenile justice board.