Handwara police asked to produce detained daughter-father duo before CJM

Handwara police asked to produce detained daughter-father duo before CJM
Jammu and Kashmir High Court has directed the state government to produce a minor girl, whose alleged molestation by soldiers in north Kashmir's Handwara led to widespread protests and five deaths amidst firing by armed forces. She, along with her father and aunt, have been in police custody since four days following the protests. HC has ordered the Handwara police to present them before the Chief Judicial Magistrate.

While taking cognizance of a petition filed by the girl’s mother, Justice MH Attar gave this order. HC also directed Superintendent of Police Handwara and Station House Officer Handwara to declare the law and authority under which these persons have been kept in police custody. “Respondents are further directed not to produce the minor girl before the print & electronic media and that the respondents shall produce these persons before the nearest court of Learned Chief Judicial Magistrate or Judicial Magistrate,” Justice Attar directed.

A notice was issued to Ministry of Defence, General Officer Commanding 15 Corps Badami Bagh, Commissioner Secretary Home department, Deputy Commissioner Kupwara, Director General of Police J&K and Additional Advocate General and directed them to show cause as to why the case was not admitted. HC further sought a status report from the Government by April 20, following the case will be heard for further consideration.

Illegal detention is a violation of Article 21 of the Indian Constitution.

As alleged by the girl's mother in her petition, the girl was dragged to the police station. “No women were present in the police station when she was taken there. Witnesses stated that one Mohammad Shafi of the armed police was the police official who dragged the minor girl to the police station despite her being a complainant in sexual assault case,” the petition reads. It was further submitted that on April 13 around 1 am, the girl's family was called to the Handwara police station and the girl's father, aunt and uncle went. There, her father and aunt were kept in custody and her uncle was allowed to return home.

The petition also questions the veracity of a video was prepared by the Armed Forces, following the girl's detention. “This video that was circulated by the army to media channels and made public is a short interview of the minor girl wherein the minor states that she was not sexually assaulted by the armed forces. It appears that this video was recorded at the Handwara Police Station presumably on the direction and under the supervision of SP and SHO Handwara,” mentions the petition.

The mother objected to the fact that her daughter's identity was revealed in the video where her statement was recorded without covering her face. It is also submitted that police has denied any role in the making or release of the video as such it is clear that when this video was recorded there was no family member with the minor girl. “She is a young girl, just 16 years old and was alone in the police station when her statement was recorded. She was pressurised by police to give that statement,” the girl's mother said.

“When the girl was returning home after school on Tuesday, she went to a bathroom and was followed by an army man. When she saw the army man in the bathroom, she raised an alarm, attracting attention of the nearby shopkeepers. The Jammu and Kashmir policemen also came to the scene but the army man fled. She was then taken to a police station without our knowledge,” the mother said. “Were not allowed to meet our girl. Her father and aunt were also detained. We do not have any information of our arrested daughter for the last five days,” she alleged and accused the police of defaming her daughter by revealing her identity to the media.

Meanwhile, curfew-like restrictions prevail in Srinagar and south and north parts of Kashmir and mobile internet services remain suspended. Five persons, identified as Nayeem Qadir Bhat, Muhammad Iqbal, Jehangir Ahmad Wani, Arif Hussain Dar and Raja Begum have been killed so far in the Police and Army firing in Kupwara district following an alleged molestation attempt the school girl.