Jammu & Kashmir High Court
Shabeena Kouser vs Ut Of J&K & Ors on 6 March, 2025
Serial No. 01
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
HCP No. 61/2023
c/w
CRM(M) No. 580/2023
Shabeena Kouser .....Appellant(s)/Petitioner(s)
Through Tassadaq Hussain
Through: Ms. Shivani Rajput, Advocate vice
Mr. Asheesh Singh Kotwal, Advocate.
Vs
UT of J&K & Ors.
..... Respondent(s)
Through: Mr. Bhanu Jasrotia, GA
Mr. Ch. Nayaz Ahmed Naz, Advocate.
CORAM: HON'BLE MR. JUSTICE M A CHOWDHARY, JUDGE
ORDER
(06.03.2025)
HCP No. 61/2023
01. Petitioner-Tassadaq Hussain has filed this Habeas Corpus
petition against the respondents seeking appropriate
directions to the respondent Nos. 1 to 3 to produce his
daughter-Shabeena Kouser before this Court alleging that
she was in wrongful confinement/unlawful custody of
respondent No. 3-SHO Police Station, Rajouri.
02. Pursuant to directions by this Court, a compliance report
has been filed by the concerned SHO after holding an
2 HCP No. 61/2023
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CRM(M) No. 580/2023
enquiry and stated that during the course of enquiry, Ex-
Sarpanch, namely, Karamat Hussain ; Sunil Kumar-
Chowkidar of village Patrara Panj Grain ; Mohd. Aslam
resident of Panj Grain and one Manawar Bi stated that the
Tassadaq Hussain, who is the father of the petitioner-
Shabeena Kouser, had five daughters, namely, (i) Asia
Kouser, (ii) Atia Shannaz, (iii) Shabnam Tabsam, (iv) Noreen
Sabha, (v) Iram Sabha and one son, namely, Khalil Ahmed,
who are all alive. They further stated that there was no
daughter of the Tassadaq Hussain, namely, Shabeena
Kouser on whose behalf this petition has been filed.
03. It has been further stated that based on the statements of
these persons, the said Tassadaq Hussain was directed, by
virtue of a written notice, to attend the police station for
recording of his statement and also producing the
documentary as well as oral evidence in support of the
allegations leveled by him in the instant petition, who on
20.12.2024, along with his sister Manawar Bi appeared at
Police Station Rajouri and is claimed to have stated that he
has no daughter of the name of Shabeena Kouser and he
had filed a false report having been annoyed with Police
over the registration of a case vide FIR No. 286/2023 under
Sections 382/323/147 IPC at Police Station Rajouri, and
that as per the enquiry conducted by the SHO concerned, it
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CRM(M) No. 580/2023
has been established that there was no daughter of
Tassadaq Hussain of the name of Shabeena Kouser and the
said Tassadaq Hussain had deliberately on the basis of fake
claims for taking the revenge from the police and others,
wasted the precious time of the Court by filing this petition
on false claims.
04. Tassadaq Hussain through whom this petition has been
filed is present in the Court today and has refuted that he
has sworn any affidavit or given any statement in the
manner as has been projected by the SHO Police Station
Rajouri.
05. Be that as it may, it is a serious matter as this petition has
been filed showing a minor girl of the age of 12 years to be
in unlawful custody of SHO Police Station Rajouri and the
allegations have been made by none else than her father
Tassadaq Hussain.
06. In view of the disputed facts in the matter with regard to
the serious allegations of the petitioner-Tassadaq Hussain
and the enquiry conducted by the Police on the subject, it
is considered appropriate by this Court to order an enquiry
to be conducted by the learned Chief Judicial Magistrate,
Rajouri in this context before proceeding further in the
matter.
4 HCP No. 61/2023
c/w
CRM(M) No. 580/2023
07. A copy of this order along with the petition and the entire
paperbook is directed to be forwarded to the learned Chief
Judicial Magistrate, Rajouri for holding an enquiry into the
matter where Tassadaq Hussain, through whom this
petition has been filed, and the respondents shall be
afforded opportunities to lead evidence for and against. The
learned Chief Judicial Magistrate, Rajouri is requested to
conclude the factual enquiry within a period of one month
from the date a copy of this order is served upon him.
08. List on 24.04.2025, awaiting the outcome of the enquiry to
be conducted by the learned Chief Judicial Magistrate,
Rajouri.
09. A copy of this order is directed to be forwarded to learned
Chief Judicial Magistrate, Rajouri, alongwith paperbook, for
compliance.
CRM(M) No. 580/2023
10. List as above.
(M A CHOWDHARY)
JUDGE
JAMMU
06.03.2025
SUNIL