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SC notice to J&K, centre on 12-year-old offender's plea
Monday March 11, 2013 07:39:09 PM,
IANS
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New Delhi: The
Supreme Court Monday issued notice to the central and Jammu and
Kashmir governments on a plea seeking the quashing of a criminal
case against a 12-year-old boy and implementation of a law on
juvenile offenders in the state.
An apex court bench of Justice R.M. Lodha, Justice J. Chelameswar
and Justice Madan B. Lokur also issued notice on the plea of
alleged illegal "detention, harassment and torture of the
juvenile" of the Srinagar boy and demand for a Rs.10 lakh
compensation.
The boy was accused of pelting stones on police at Iddgah, Ali Jan
Road, Aug 20, 2012.
The Juvenile Justice (Care and Protection of Children) Act, which
deals with juvenile delinquents, is applicable in the entire
country except in Jammu and Kashmir.
The apex court issued notice in the wake of submission by the
senior counsel Bhim Singh that the boy was arrested Aug 25, 2012,
and kept in police custody for 40 hours before being presented
before a Srinagar magistrate who, Aug 27, 2012, ordered that the
accused be sent to judicial custody and re-presented in court Sep
10, 2012.
Though a sessions court granted bail to the boy Aug 28, 2012, Bhim
Singh told the apex court that the arrest and police detention of
the boy for 40 hours and his remand by the magistrate were
illegal.
He said that the detention of the boy by police was in violation
of Article 22 of the constitution that provides for protection
against arrest and detention in certain cases.
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