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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FIR against Haryana BJP chief in gang-rape case: Cong seeks his removal, questions PM's 'silence'
New Delhi, Jan 15: The Congress Wednesday slammed the BJP over the FIR registered against the party's Haryana unit chief for alleged gang rape, saying Prime Minister Narendra Modi must answer why the accused has still not been removed from the post despite such a serious allegation against him.
Haryana BJP chief Mohan Lal Badoli and a singer were booked after a woman alleged that she was raped by them in a hotel in Himachal Pradesh's Kasauli. Police have registered an FIR against the two men, officials said.
According to the complainant, the two men made videos of the act and threatened to kill the victim if she informed anyone about the incident.
Addressing a press conference here, Mahila Congress chief Alka Lamba alleged that the Haryana BJP state president was involved in the girl's gang rape on the pretext of getting her a permanent government job.
She claimed BJP leaders have been involved in committing crimes against women earlier too.
BJP MP Brijbhushan Sharan Singh was accused of sexual harassment and BJP MLA Kuldeep Singh Sengar was accused of rape, while in Karnataka, the BJP gave a poll ticket to "mass rapist" Prajwal Revanna and the Prime Minister went to campaign for him, she said.
"BJP leaders are able to muster the courage to commit sexual harassment because their party is standing with them," she said, alleging that the prime minister's 'Beti Bachao' slogan is a sham.
"The truth is that daughters have to be saved from BJP leaders only. The Congress government will not allow injustice to happen to any daughter," Lamba said.
Demanding that Badoli be removed from his post, the Congress leader said, "BJP president J P Nadda ji, Prime Minister Narendra Modi ji and Amit Shah ji, the law is in your hands. You create pressure, hence no action is taken against the criminals and daughters do not get justice."
"The BJP will have to answer how their (Haryana) state president is still in his post after such a serious allegation. The prime minister, home minister, BJP Mahila Morcha, BJP's national president and big leaders must answer," she said.
"On one hand, an FIR has been filed against Haryana BJP president on rape charges... in Madhya Pradesh, BJP leader Ajit Pal Singh Chauhan has been arrested for raping a woman. In such an environment, the Women’s Commission, which has the responsibility of providing justice to women, is silent. The daughters of the country are demanding justice, but PM Modi is silent," Lamba said.
Referring to the BJP's Delhi Assembly poll candidate Ramesh Bidhuri's remark that he will make roads which will be like Congress leader "Priyanka Gandhi’s cheeks", Lamba said the comments prove how much respect his party has for women.
"Bidhuri's eyes are more on the cheeks of mothers, sisters and daughters than on the roads. Women protested against the lowly statement, after which he had to apologize. However, Bidhuri is continuously making objectionable statements," she said.
The BJP is silent over Bidhuri's statements and is promoting such language instead, the Mahila Congress chief claimed.
