J-K admin files affidavit in SC against plea alleging people in Kashmir unable to access HC

The Jammu and Kashmir administration on Thursday filed an affidavit in Supreme Court on a plea filed by the eminent Child Rights Expert Enakshi Ganguly alleging that people in the Kashmir valley are unable to access the Jammu and Kashmir High Court.

In its affidavit, the Jammu and Kashmir administration said, "It is one thing to contend that the remedy before the High Court is inefficacious and another thing to say that it is difficult for the litigant to access the High Court of Jammu and Kashmir. Such assertions are not only false but has a serious potential to create a serious prejudice against the judicial system in the State within and outside the country."

It said the institution of judiciary had been working effectively in the state of Jammu and Kashmir in spite of certain circumstances which were temporarily prevailing in the State in the wake of a "historical legislative measure".

"Such false assertions require to be taken seriously as an attempt to malign not only the State but nation in general outside and within the country. The petitioner deserves to be dismissed only on this ground after perusing the report of the Chief Justice of Jammu and Kashmir sent pursuant to the order of Court dated September 16," the affidavit stated.

"State Government is fully committed to the protection of each and every citizen including the juveniles and the Juvenile Justice Act is being implemented in letter and spirit under the supervision of the Juvenile Justice Committee of the High Court of J & K," it added.

Earlier in the day, it was reported that Supreme Court asked the central government that how long it intends to continue with the restrictions in Jammu and Kashmir following the abrogation of Article 370 in the region in August.

"How many days you want restrictions? It's already two months now. You have to come clear on this and you have to find out other methods," said a three-judge bench headed by Justice NV Ramana.

"You may impose restrictions, but you have to review your decisions. Do you?" the bench said.

The Centre said that over 90 per cent restrictions have been lifted in Jammu and Kashmir and the situation is being reviewed daily.

"About Internet restrictions, people ultimately need to have a mode of communication," the bench said.

The top court posted the matter for hearing on November 5.

On August 5, the central government had abrogated Articles 370 and 35A of the Indian Constitution that granted special powers to Jammu and Kashmir and passed the Jammu and Kashmir (Reorganisation) Act 2019, bifurcating the former state into two Union Territories -- Jammu and Kashmir with legislature and Ladakh without one.

The new UTs will come into existence from October 31.