Plea alleging custodial torture of key Kathua case witness dismissed
The Supreme Court dismissed a plea claiming a key witness in the sensational Kathua gang rape-and-murder case was allegedly tortured in custody by Jammu and Kashmir Police in connection with a separate rape case. It rejected the petition by a close relative of Talib Hussain, a key Kathua case witness, on the ground that the petitioner failed to appear before it despite its order.
Plea rejected by bench comprising justices AM Khanwilkar, Deepak Gupta
A bench comprising justices AM Khanwilkar and Deepak Gupta rejected the petition. In January, an eight-year-old girl from a minority nomadic community was allegedly abducted and gang-raped in Jammu and Kashmir's Kathua district.
Hussain tortured in custody by police, alleged his relative
Petitioner MA Khan approached the SC alleging that his relative Hussain was tortured in custody by the state police after being arrested in connection with a separate rape case. Advocate Shoeb Alam, representing the J&K Police, had last month denied in the top court the allegations leveled in the petition and had said since Hussain has been granted bail, the plea has become infructuous.
SC asked Khan to appear before it on November 13
On October 22, the SC asked Khan to appear before it on November 13 to respond to the application filed by his advocate seeking his discharge from the case. "Despite our order dated October 22, the writ petitioner (Khan) has chosen not to appear...to respond to the application for discharge filed by Sunil Fernandes, advocate on record for the petitioner," the bench said.
Writ petition dismissed for non-prosecution: SC
"In the circumstances, the writ petition is dismissed for non-prosecution," the SC bench said in its November 13 order. In his plea, Khan had alleged that Hussain was kept in illegal detention by police and was subjected to custodial torture.
SC earlier transferred Kathua case trial to Pathankot
The apex court had earlier transferred the trial in the Kathua gang rape and murder case from Jammu and Kashmir to Pathankot in Punjab. The state police's crime branch had filed the main charge sheet against seven persons and a separate charge sheet against a juvenile in a court in Kathua district in the gang rape and murder case.
