Article 370: SC refers plea challenging detention of children in Kashmir to Constitution bench

Supreme Court (Photo: SNS)


The Supreme Court on Monday referred the petition challenging the illegal detention of children in Jammu and Kashmir since August 5, to the Constitution bench formed to hear the petitions challenging abrogation of Article 370.

The petition was filed two child activists — Enakshi Ganguly and Professor Shanta Sinha — who had alleged illegal detention of children in the Valley in the wake of abrogation of Article 370.

Based on media reports, the petition highlights that a large number of minors and youths have been picked up by the security forces in many places in the Valley and that the children are facing injuries and deaths due to the actions of the security forces.

The Chief Justice had on September 20 observed that it raises crucial questions pertaining to the detention of children in Jammu and Kashmir.

Besides, the apex court also referred to the Constitution bench a plea filed by Kashmir Times Executive Editor Anuradha Bhasin seeking the removal of communication blockade in Kashmir after the abrogation of Article 370 and free movement of journalists and Press in the Valley.

A bench headed by Justice NV Ramana will commence the hearing on the pleas relating to Article 370 from Tuesday.

The top court had on Saturday constituted a five-judge Constitution bench headed by Justice NV Ramana to hear the clutch of petitions related to Article 370, that gave special status to J-K.

Meanwhile, the Supreme Court has issued a notice to the Centre on a PIL seeking direction for the government to immediately restore high-speed internet services and fix landline phone services across all hospitals and medical establishments of Jammu and Kashmir.

The top court had on September 16 asked the Centre and the Jammu and Kashmir government to “ensure that normalcy is restored” in the Valley even as it asked the institutions to be mindful of national safety and security while doing so.

The Centre had said that some restrictions on communications and preventive detentions have been made, as per law, at local administration level based on the ground situation with a view to maintaining public law and order.

Jammu and Kashmir was put under virtual curfew on 5 August when the Modi government scrapped the Article 370 and split the state into two union territories.