New Delhi, Aug 8 (PTI) The Supreme Court on Wednesday sought a response from a Jammu and Kashmir supervision on a defence by Talib Hussain, a pivotal declare in a marvellous Kathua squad rape-and-murder case, alleging custodial woe by a state military in an purported rape box lodged opposite him by his sister-in-law.
A dais headed Chief Justice Dipak Misra primarily asked comparison disciple Indira Jaising, appearing for Hussain’s cousin Mumtaz Ahmed Khan, to prove it as to how a command of habeas corpus (produce a body) was maintainable in a benefaction box where a indicted was in official military control following registration of an FIR opposite him.
“How will a command of habeas corpus distortion in a benefaction box where a chairman is in current control of police,” a bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, asked and adding that a endangered authorised justice might be approached with a grievances.
Jaising referred to a Supreme Court settlement and pronounced that irrespective of a inlet of detention, either authorised or illegal, such a petition can always be filed in cases of custodial torture.
The dais deliberate a acquiescence of Jaising that Hussain had been brutally tortured in control and authorised involvement was indispensable and asked a state supervision to record a response within a week.
The bench, however, refused to extend any halt service with courtesy to purported custodial woe of Hussain and pronounced that a factum of purported nuisance has to be ascertained.
“It is submitted by Indira Jaising…for a postulant that yet a command petition has been couched in a opposite manner, a elemental purpose is to prominence a factum of custodial torture. Issue notice, regulating a returnable date within a week,” it pronounced in a order.
It also asked a warn for Khan to offer a duplicate of a petition on Advocate General of Jammu and Kashmir.
The petition was opposite by counsel Chandan Sharma, appearing for Hussain’s sister-in-law who has filed a FIR alleging rape, that there were as many as 10 FIRs opposite a indicted and no service should be postulated but conference a victim.
The justice authorised a purported rape plant to record an focus seeking to implead herself as a celebration in a box and bound a matter for serve conference on Aug 21.
At a outset, Jaising pronounced a military trafficked 270 kms to detain Hussain in a box associated to an FIR lodged by his wife.
As Hussain was postulated anticipatory bail in that case, military arrested him in another feign rape box lodged by his relative, she said.
In a plea, insurance of Hussain has been sought in a military control alleging that he had been brutally beaten adult in a purported feign rape case.
Hussain is a pivotal declare in a Kathua case, in that an eight-year-old lady from a minority winding village was abducted and gang-raped in January.
The state police’s crime branch, that probed a case, filed a categorical assign piece opposite 7 people and a apart assign piece opposite a juvenile.
The assign piece has suggested chilling sum about how a lady was allegedly kidnapped, unperceiving and raped inside a place of ceremony before being killed.
Article source: https://www.news18.com/news/india/supreme-court-seeks-jk-govts-reply-on-alleged-custodial-torture-of-kathua-case-witness-1838207.html