Court lists bail matter for hearing on Monday
Danish Farooq detention case
KT NEWS SERVICE SRINAGAR, and Greater Kashmir
Dec 1: A city court today remanded Danish Farooq to police custody till December 9. Farooq, a ninth standard student arrested by Kral Khud police station in second week of last month under charges relating to stone pelting.
Sources in prosecution said the Chief Judicial Magistrate (CJM) has listed Farooq’s bail application for hearing on Monday. Advocate Babar Jan Qadri, the counsel for Farooq’s family, said the court has listed both bail and contempt matters for hearing on Monday.
On November 30, the Amnesty International (AI) expressed concern over “arbitrarily detention of 16 year-old, Danish Farooq’ and how the authorities are treating him as an adult rather than a child.
Family members of a class 9 student Danish Farooq of downtown here have accused police of detaining their ‘minor’ son in a jail in violation of juvenile norms. However police refuted the family claims, saying Danish is 16 years old and ‘hence not a minor’. The boy has been booked for ‘attempt to murder’ besides other harsh sections.
Danish was whisked away by police personnel of Kral Khud police station on Monday outside lower court here after he was granted bail in another case registered against him in Shaheed Gunj police station, said Danish’s uncle.
“He was first arrested at around 11:30 AM near Gole Market Karan Nagar on 19th of November by police personnel of Shaheed Gunj police station,” he said.
He said Danish was produced in court only after the family filed an application for his release. “We have never had tryst with courts and are unaware of procedures followed there, so we used to make rounds of police station everyday for his release.”
Advocate Babar Qadri, who represented Danish in the case registered in Shaheed Gunj police station, says the boy was slapped with harsh laws. “He was arrested under FIR number 77/2012 under sections 152 RPC, 138 RPC, 148 RPC, 147 RPC. He was rearrested by Kral Khud police station after being granted bail. He is a class 9 student of Tiny Tots School Fateh Kadal. He is a juvenile.”
POLICE VERSION
However, police in a press handout said, “Srinagar police had arrested a notorious stone pelter, Danish Farooq Wani son of Farooq Ahmad Wani resident of Chattabal at present Purshyar Habba Kadal, and presented him before the court. The stone-pelter is involved in number of stone pelting incidents including a petrol bomb attack for which a case FIR no: 26/2012 under section 307, 285, 336/RPC stands registered against him in police station Kral Khud. The accused was arrested and presented before the Hon’ble Court of Sub-Registrar, Srinagar. As per the records of the Board of School Education, the date of birth of the accused is 6/6/1996. The Court remanded him to police custody for not being a minor.”
In a statement, AI demanded his release. AI said Farooq was first arrested on November 19 under sections 152, 138, 148, and 147 of the Ranbir Penal Code (RPC). All charges relate to incidents of “stone-pelting.” After three days of arbitrary detention in police custody without any legal grounds, he was produced in court, which ordered his release on bail. Before any release Farooq was re-arrested on November 23 under sections 307, 285, 336 of the Ranbir Penal Code (RPC ) for “attempt to murder” for his alleged involvement in a petrol bomb attack. According to latest reports, he remains in police custody and it is unclear when he will appear before the local court in Srinagar.
“Farooq’s family has been denied the right to communicate with him or see him, and is currently unaware of his condition. A police representative has told Farooq’s family that Farooq will not be presented in court within the required time period set by law, but will keep him in custody for two months. He has not had access to a lawyer during this time,” AI statement said.
The statement added that India is legally obliged, under the UN Convention on the Rights of the Child (UN CRC), which it ratified in 1992, to establish laws and procedures specifically applicable to children, and to define minors as all individuals younger than 18. “This means that India must ensure no individual younger than 18 years of age is arrested, detained, or tried under ordinary criminal law without the safeguards meant to protect children. However, J&K Juvenile Justice Act, 1997, treats boys over the age of 16 as adults, in violation of the UN CRC and international human rights law. Amendments to the Juvenile Justice Act are currently being discussed by the J&K Legislative Assembly. If these amendments are successful, all children below 18 years of age will be treated as juveniles,” the statement said.
It added that Farooq is a child under an international treaty that is binding on India, and so the manner of his arrest and detention must be compatible with this treaty.
Further, the International Covenant on Civil and Political Rights, which India has also ratified, prohibits the arbitrary deprivation of liberty and among other things provides that states party – including India – must ensure that any person being arrested is brought promptly before a judge or other officer authorized by law to exercise judicial power, the statement viewed.
Amnesty International called on the J&K police to end Farooq’s “arbitrary and unlawful detention, and either release him or produce him immediately before a magistrate”. “If a court decides that he has to remain in detention, Farooq must be moved to a juvenile detention home and be granted all the safeguards and protections guaranteed to children by the CRC and for judicial proceedings to go forward in accordance with international human rights law. He should also be granted, without delay, access to his family, and they should be kept informed of his whereabouts and condition, as well as access to a lawyer of his or his family’s choice,” the statement said Amnesty International also urged the J&K authorities to halt the practice of arbitrary detentions in the state, in particular of children.
Amnesty International reiterated its call to the J&K government to amend the Juvenile Justice Act to bring it at par with the CRC.
Kashmir Solidarity Group, Mumbai 