Plea alleging torture of Talib Hussain dismissed

JAMMU: The Supreme Court has dismissed a plea which alleged that key campaigner in Rasana case Talib Hussain was allegedly tortured by the Jammu and Kashmir Police in custody where he is lodged in connection with a separate rape case.

A bench comprising justices A M Khanwilkar and Deepak Gupta rejected the petition filed by a close relative of Talib Hussain on the ground that the petitioner failed to appear before it despite the court's order.

Petitioner M A Khan had approached the top court alleging that his relative Hussain was tortured in custody by the state police after being arrested in connection with a separate rape case.

Advocate ShoebAlam, representing the Jammu and Kashmir Police, had last month denied in the top court the allegations levelled in the petition and had said since Hussain has been granted bail, the plea has become infructuous.

On October 22, the court had 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 before this court to respond to the application for discharge filed by Sunil Fernandes, advocate on record for the petitioner.

"In the circumstances, the writ petition is dismissed for non-prosecution," the bench said in its order.
In his plea, Khan had alleged that Hussain was kept in illegal detention by police and was subjected to custodial torture.

Hussain was arrested on August 1 over alleged rape charges and was lodged in Samba police after a case vide FIR No 211/2018 u/s 376 RPC,4/25 Arms Act was registered against him, following the complaint of one of his relatives that he committed rape on her in forest area of Mansar when she was grazing the cattle.

The fresh case of rape was lodged against him fifteen days after a case of domestic violence lodged against him by his wife.

Hussain shot into prominence after being at the forefront of a campaign to seek justice for an eight-year-old girl who was abducted, raped and murdered in Kathua district in January this year.