Kathua Rape: SC seeks J&K's response to plea against custodial torture of witness
New Delhi, Aug 8: The Supreme Court on Wednesday sought the Jammu and Kashmir government's response to a petition alleging "custodial torture" of Talib Hussain, who was part of an agitation that had erupted following the gang rape and murder of an eight year old girl in Kathua in January.
Police arrested Hussain in the wake of an FIR against him in the rape case.
The petitioner Mumtaz Ahmed Khan has alleged that Hussain was being framed for his role in the campaign to ensure justice for the child victim who was from a nomadic community.
Issuing notice to the state government, a bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud also sought the assistance of the Advocate General of Jammu and Kashmir.
Appearing for the petitioner, senior counsel Indira Jaising told the court that she was only concerned about the custodial torture and not with any other issues.
Jaising cited several judgements of the top court and that of the US Federal Court contending that even in custody a person enjoys his constitutional rights.
As the court asked why habeas corpus petition has been filed when arrest of Talib Hussain is lawful, Jaising said that arrest may or may not be lawful but the custodial torture makes things unlawful and therefore the habeas corpus petition.
As Justice Khanwilkar said that the relief that petitioner was seeking could be given by the magistrate court, Jaising said that "I will seek my remedy when it comes to bail".
The court allowed the lawyer Chandan Sharma for the rape victim to make an application for impleadment as he told the bench that what it has been told was a distortion of facts.
The petitioner has contended that Talib Hussain -- an activist -- was being singled out as he had led the public campaign for justice for the Kathua victim.
The court posted the matter for further hearing on August 21.
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Congress cites Maniben Patel's diary entries, asks Rajnath to apologise for Babri claim
New Delhi (PTI): The Congress on Saturday shared diary entries of Vallabhbhai Patel's daughter from a book to rebut Defence Minister Rajnath Singh's claim that India's first prime minister, Jawaharlal Nehru, wanted to build the Babri masjid using public funds, and demanded that Singh apologise for spreading "falsehoods".
Congress general secretary in charge of communications, Jairam Ramesh, claimed the defence minister was spreading falsehoods to “improve his relationship” with Prime Minister Narendra Modi.
“Here is Maniben's original diary entry in Gujarati on pages 212-213 in the book ‘Samarpit Padchhayo Sardarno’ by CA R S Patel 'Aaresh', published by Sardar Patel Vallabhbhai Patel Memorial Society, 2025,” Ramesh said on X, sharing screenshots of the relevant pages from the book.
“There is a huge difference between what is contained in the original diary entry and what Rajnath Singh ji and his fellow ‘distorians’ are propagating,” Ramesh said.
“The Defence Minister must apologise for the falsehoods he is spreading, simply to improve his relationship with the PM,” he claimed.
The Congress had earlier termed Singh's claim that Nehru wanted to build the Babri masjid using public funds a “lie” and “WhatsApp university story”, and said the defence minister should not walk in Prime Minister Narendra Modi's path.
Addressing a gathering at Sadhli village in Gujarat's Vadodara district last Tuesday, Singh said Nehru wanted to build the Babri masjid using public funds, but Sardar Vallabhbhai Patel didn't allow his plans to succeed.
The BJP had cited a book by Vallabhbhai Patel's daughter to double down on Singh's claims, and said the first prime minister also said he felt "repelled" by some of the temples in south India despite their beauty.
“The source of what Rajnath Singh said is the 'Inside Story of Sardar Patel, Diary of Maniben Patel'," BJP Rajya Sabha MP and national spokesperson Sudhanshu Trivedi had said at a press conference at the party headquarters while responding to media queries on the issue.
Trivedi claimed that on Page 24 of the book, it is written that Nehru also raised the question of the Babri mosque, but Sardar Patel made it clear that the government could not spend any money on building a mosque.
