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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Asaduddin Owaisi pays tribute to SM Syed Khalil, calls him great personality of Nawayat Community
Hyderabad: Hyderabad MP and AIMIM Chief Asaduddin Owaisi expressed his condolences on the passing of SM Syed Khalil, a prominent businessman and philanthropist from Bhatkal. In a tweet, Owaisi referred to Syed Khalil as “Khalil Bhau,” fondly acknowledging his significant contributions to the Nawayat community and his work for the poor and needy.
“My condolences to the family of SM Syed Khalil saheb. He was affectionately called as Khalil Bhau, a great personality from the Nawayat Community. He headed many social organizations and helped many poor and needy people. A great loss to the people of Bhatkal. Will miss you, Khalil Bhau,” Owaisi tweeted.
SM Syed Khalil, who passed away in Dubai early Thursday morning after a brief illness, was a respected leader in the Nawayat community and a source of pride for Bhatkal. Known for his extensive contributions to international trade, education, and social service, Khalil’s life was marked by a commitment to uplift the underprivileged and strengthen community ties.
Among his many achievements, Syed Khalil was the Founder Chairman of K&K Enterprises in Sharjah and played a pivotal role in the success of the Galadari Company in Dubai over three decades. He also served as the Chairman of Madhyama Communications Ltd., Mangalore, and was actively involved in promoting Kannada and Konkani languages and culture.
In Bhatkal, he was a guiding force behind institutions like Anjuman Hami-e-Muslimeen and Rabita Society, where he championed girls’ education and worked to improve opportunities for the community. His leadership, humility, and compassion earned him widespread respect, and his contributions extended far beyond Bhatkal, touching lives across Karnataka and beyond.
My condolences to the family of SM Syed Khalil saheb he was affectionately called as Khalil Bhau a great personality from Nawayat Community,he headed many social organisations helped many poor and needy people,great loss to the people of Bhatkal ,will miss you Khalil bhau pic.twitter.com/piHjCCRD5d
— Asaduddin Owaisi (@asadowaisi) November 21, 2024
