Srinagar: Chief Minister Omar Abdullah on Sunday said the 'minor' boy, Faizan Rafiq arrested under Public Safety Act (PSA) in February this year will be released by Tuesday. "I've issued the orders on Friday, papers are being processed so by Monday or Tuesday he'll (Faizan) be out," Abdullah wrote on micro-blogging website, Twitter.
Abdullah said as per the law he's not a minor but his case was considered on humanitarian basis.
"That's where the problem is because under law he isn't minor which is why it's being considered for a humanitarian POV (Point of view)," he wrote in another tweet.
International human rights group, Amnesty International (AI) launched 'Free Faizan' campaign last week demanding immediate release of Faizan.
Dozens of users barraged Abdullah on Twitter with tweets seeking the release of the boy after the Amnesty report.
"Dear @abdullah_omar, the need for a juvenile system in Kashmir is a crying one. Our young kids enter jails & come out brainwashed!," wrote a Tweet user.
"How can one sleep after lodging a minor in a jail in the company of criminals, wrote a form," tweeted Bilal Nazki, retired Chief Justice of Orissa High court.
"Name: Faizan.14 YR. Ocupation : Student and Sold Fruit to Sustain Family. Location: Kathua JAIL (300 KM Awy ).Charges: NONE," another user wrote, adding, "When police arrested #Faizan they claimed he was 27 yrs old. Acc. to school records seen by #Amnesty he is under 15."
AI also submitted a report on the boy to the chief minister and home minister P Chidambaram. "A certificate provided by his (Hakeem’s) school records his date of birth as May 18 1996, making him less than 15 when he was arrested," said the AI report.
The police, however, conducted a medical test on the boy in Government Medical College Jammu on March 28 and claimed he was 17-18 years old.
The police allege Hakeem, a resident of Islamabad was a part of a large crowd of protestors that pelted stone at security forces in four incidents in July 2009, June 2010, July 2010 and October 2010. Hakeem was arrested on February 7 outside his house and booked for rioting and other offences.
In February 12, a magistrate granted him bail on two charges. "Hakeem was, however, not released as the police decided to hold him in administrative detention – without charge or trial – under the Jammu and Kashmir Public Safety Act," said the rights body.
Abdullah earlier Tweet on Faizan
Abdullah had downplayed the reports of minors being booked under PSA. “Best way to settle any doubts is to order a medical examination to certify the age. I’ve seen too many fake certificates," Omar had tweeted last month.
"In this case I'm satisfied that the info given to me his correct. This boys school mates recorded statements age 18-20."
People Tweet
Faizan is either 14/17/27 Years depends whether you believe his Parents/Government Doctors/ JK Police.
Faizan Rafiq Hakim 15 year old kid from Kashmir booked under PSA. They say he is a threat 2 India.
There is no PSA in India, there r no juvenile jails in Kashmir, Faizan hs been arrested without charges.
#Faizan arrested on 7 Feb on 2 charges. Granted bail for both. But police decided to hold him in administrative detention.
It is a shaame that govt lied about the age of Faizan.Logic demands that some heads should roll.
I dont think KP's are considerate (barring a minuscule) We rallied for Priya Matto justice, hw many KP's voiced concern fr Faizan?
Child held, says Amnesty International
Faizan Rafiq Hakeem was arrested on 7 February outside his house in Anantnag, Jammu and Kashmir. He is alleged to have been part of a large crowd of protestors that pelted police and security forces with stones during protests against the state in four incidents in July 2009, June 2010, July 2010 and October 2010.
Police originally claimed that Faizan Rafiq Hakeem’s age was 27, but his family showed Amnesty International a certificate provided by his school that records his date of birth as 18 May 1996 – making him less than 15 when he was arrested. Amnesty International has also verified the date of birth in the original records maintained in the school register. On 28 March.
Demanding that the state authorities immediately end the detention without charge or trial of Faizan Rafiq Hakeem;
Urging that if Faizan Rafiq Hakeem is to be held on charges of a recognizably criminal offence, he be afforded all fair trial guarantees set out in international law and specifically Article 40(2) of the UN Convention on the Rights of the Child, which stipulates also that any detention shall be used only as a measure of last resort and for the shortest appropriate period of time; such detention should be in a separate facility for children, as close as possible to his family in order to facilitate family contact.
Faizan's family claims
Rafiq Hakeem, Faizan's father is a fruit vendor from Reshi bazaar, Islamabad. Rafiq maintains his son is a minor. It was his maiden visit to Kotbalwal jail in Jammu last month to prove his son is a minor after he was arrested and booked under PSA in February 22.
“I was taken from Kotbalwal jail to Government Medical College(GMC) Jammu for medical checkup to reveal age on march 22 and march 23. After the medical checkup jail authorities and jail officials told me that your age matches school records.” said Rafiq.
Police claims
Faizan Rafiq Hakeem is not underage. In fact the subject was on police remand and judicial remand for about 20 days respectively when two separate bail applications were preferred by the parents of the subject before the Hon’ble Sessions Judge Anantnag and Hon’ble CJM Anantnag. In both the Hon’ble Courts, the relations of the subject had not taken the ground in said applications that the subject is underage.
To the satisfaction of the parents of the subject, he was put to medical test on 23-03-2011. A board consisting of three medical officers including a Radiologist was constituted at GMC Jammu to conduct the medical test of the subject. The report of the Board constituted is as under:
“As per Radiological examination, report No.26943/R-943 dated 23-03-2011 of X-ray of the above said person reveals Radiological bone age between 17 to 18 years”
Opinion: “In view of combined, physical, dental and Radiological examination of the above said person, Mr. Faizan Rafiq Hakeen S/O Mohammad Rafiq Hakeem, His age is more than Seventeen years and Less than eighteen years”.
Since the age of the subject is more than 17 years which do not fall anyway under the category of “underage”.
It is worth to mention that the J&K Juvenile Justice Act gives the definition of Juvenile as a boy who has not attained the age of sixteen years. In the instant matter in ossification test, the age of the subject was opined to be more than 17 years and in no way the subject or relations of the subject can claim Faizan to be underage.
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