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| HC dismisses habeas corpus petition seeking production of missing son | | State denies arrest or killing of petitioner's son | |
Early Times Reporter
Jammu | Mar 8
Justice JP Singh of J&K High Court, Jammu Wing, has dismissed the habeas corpus petition, filed by Haji Mohammed Aslam, seeking direction to the respondents to produce his son Mushtaq Ahmed, as the respondent State have denied the alleged arrest or killing of his son.
According to the petitioner, his son Mushtaq Ahmed had gone to higher secondary school Thanamandi on October 8, 2002 but did not return and accordingly a missing report was lodged with the police station Thanamandi.
Justice Singh, after hearing Adv TK Raina appearing for the petitioner and AAG BS Salathia appearing for the State, said that petitioner has not placed any material on record on the basis whereof, it may even, prima-facie, be said that petitioner's son was ever in the custody of the respondents. In view of the emphatic denial of the respondents and in the absence of any material on record indicating that petitioner's son was ever in custody of the respondents, the Court is of the view that no direction can be issued against the respondents. There is no force in this petition which accordingly is dismissed, the Court ordered.
The petitioner in his petition filed through Adv Tahir Kurshid Raina submitted that petitioner had heard rumors in the area that his son had changed his name and was involved in anti-national activities. Referring a news-item appearing in a local newspaper, he is stated to have met SSP Doda and on his instruction Dy SP Headquarters and SP Operation Doda had assured that he would be allowed to meet his son who was being interrogated by them. However, he was not provided any such opportunity by the said two officers and he later approached the Chief Minister and Deputy Chief Minister and other politicians of the area and had even said a representation to Human Right Commission too.
SSP Doda filed an affidavit through AAG BS Salathia in which he stated that neither he nor any one from his subordinate had either arrested any militant namely Ghulam Rasool alias Mushtaq Ahmed in Doda District or from any other place and nor any information had been received regarding the presence of militants in the area by the Special Operation Group. The SSP thus contradicted the news-item appearing in the newspaper and said that the news item was a concocted story. He had also denied the alleged arrest or killing of Ghulam Rasool.
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