New Delhi: The Supreme Court has asked an activist to move the Jammu and Kashmir High Court with her plea that the state lacked observation homes and Juvenile Justice Board to lodge and try delinquent minors respectively.
A bench comprising Chief Justice H L Dattu and Justice A K Sikri said though the issues raised in the PIL were very "serious", but the high court would be better equipped to deal with them.
"The high court can handle it as they know the ground reality better than us," the bench said and asked senior advocate Colin Gonsalves, appearing for social activist Tanvi Ahuja, to move to that court with the fresh plea.
The petition relates to the violation of the fundamental rights of juveniles in the state who have been arrested under the Jammu & Kashmir Public Safety Act, the Ranbir Penal Code and other statutes.
It had sought court's direction to the state to release forthwith the juveniles from the prisons and lockups and house them only in observation homes as provided under the state law on juvenile.
The activist sought a direction to the state for setting up of Juvenile Justice Boards and Juvenile Courts to ensure protection and welfare of juveniles, besides forming a commission to look into the entire matter.
The plea had also sought a direction to the state for awarding the compensation to the juveniles who were or are lodged in prisons and police lockups.
The petition had claimed that juveniles in the state have been treated as adults in a very harsh manner, beaten, and put in jails, instead of juvenile-friendly institutions, as mandated by law and directed by the apex court.
There is no JJBs in the state and they are never rehabilitated, the plea said.