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Tribune News Service
New Delhi, September 16
Taking serious note of allegations that people were finding it difficult to approach courts in Jammu and Kashmir, the Supreme Court today asked the state’s High Court Chief Justice to send a report to it on the issue.
Chief Justice of India Ranjan Gogoi, who headed a three-judge Bench that heard petitions relating to issues arising out of the abrogation of crucial provisions of Article 370 of the Constitution, said if required he would himself visit Srinagar.
“If you are saying so, we are bound to take serious note of it. Tell us why it is very difficult for people to approach the high court. Is anybody stopping people from going to high court? It is very-very serious,” said the Bench, which also included Justice SA Bobde and Justice S Abdul Nazeer.
The court’s comments came after senior advocate Huzefa Ahmadi, representing child rights activists Enakshi Ganguly and Shanta Sinha, complained that it was very difficult for people in the state to approach the high court. The petitioners have sought directions that illegally detained children below 18 be identified and produced before the Juvenile Justice Committee.
“You are saying you cannot go to the high court. We have called a report from Chief Justice of the high court. If required, I will myself go there,” the CJI said.
While seeking a report on the allegations from High Court Chief Justice Gita Mittal, the Bench warned if the allegations were found to be incorrect, petitioners should be ready to face consequences. On behalf of the J&K administration, Solicitor General Tushar Mehta said all courts in the state were functioning and even lok adalats had been held.
The top court also asked the Centre and J&K administration to make efforts to restore normalcy in Kashmir as soon as possible.
However, it said the restoration of normalcy would be on a “selective basis” keeping in mind national interest after attorney General KK Venugopal said such a direction could be misused, not inside the country but outside.
Venugopal said steps had been taken to restore normalcy in the state, the Bench asked the Centre to file an affidavit detailing the measures taken.
On the issue of alleged “shutdown” of mobile and Internet services, the Bench said it could be dealt with by the high court. “If there is some local issue then it would be better if the high court deals with it. It is simpler for the high court to know what is happening in the state,” it said.
On behalf of Kashmir Times Executive Editor Anuradha Bhasin, advocate Vrinda Grover submitted it would be difficult for the petitioners to approach the high court as mobile, Internet and public transport services were not working in the Valley.
Bhasin has demanded lifting of restrictions on working of journalists after scrapping of provisions of Article 370. There are certain other petitions against shutdown of public transport and lack of medical facilities in view of restrictions placed.
Venugopal questioned the veracity of Bhasin’s claims, saying Kashmir-based newspapers were being published. A media centre had been set up in Srinagar to provide Internet and phone facilities to journalists from 8 am to 11 pm, he said, adding they were also given passes and vehicles to enable them to function.
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