Tamil Nadu News

Supreme Court seeks Jammu and Kashmir government's reply on plea alleging custodial torture of Kathua case witness

The bench asked the state government to file the response in a week and asked the lawyers to serve a copy of the petition on the advocate general of the state.

Published: 08th August 2018 02:34 PM  |   Last Updated: 08th August 2018 02:43 PM   |  A+A-

PM

modi meet

By Express News Service

NEW DELHI: The Supreme Court today sought the response of the Jammu and Kashmir government on a plea by Talib Hussain, a key witness in the sensational Kathua gang rape and murder case, alleging custodial torture by the state police in an alleged fake rape case.

A bench headed by Chief Justice Dipak Misra considered the submission of senior advocate Indira Jaising that Hussain had been brutally tortured in police custody and judicial intervention was needed.

ALSO READ: Kathua case witness tortured in police custody; lawyer says assault unacceptable

The bench also comprising Justices AM Khanwilkar and DY Chandrachud asked the senior lawyer to explain as to how a writ of habeas corpus (produce the body) can be filed in the present case as the accused, Hussain, is in the lawful custody of the police.

Jaising referred to a Supreme Court judgement and said that such a petition can be filed even in case of custodial torture.

The bench asked the state government to file the response in a week and asked the lawyers to serve a copy of the petition on the advocate general of the state.

It also permitted the woman, who had lodged an FIR against Hussain alleging rape, to file an application seeking to intervene in the matter.

The bench posted the matter for further hearing on August 21.

The court was hearing the submission of a close relative of Hussain, seeking an urgent hearing on the plea.

The relative of Hussain sought his protection in police custody and alleged that he had been brutally beaten up in the alleged fake rape case.

 

The habeas corpus writ petition, filed by a cousin of the witness, alleged that Hussain had been kept in illegal detention and was being subjected to custodial torture.

Hussain is a key witness in the Kathua case, in which an eight-year-old girl from a minority nomadic community was abducted and gang-raped in January.

The state police's crime branch, which probed the case, filed the main charge sheet against seven people and a separate charge sheet against a juvenile.

Stay up to date on all the latest Tamil Nadu news with The New Indian Express App. Download now
Get the news that matters from New Indian Express on WhatsApp. Click this link and hit 'Click to Subscribe'. Follow the instructions after that.

Comments

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.