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| Court orders ‘government home’ to kidnapped girl | | | EARLY TIMES REPORT
Srinagar, Apr 18 (KNS): The High Court has directed the state government to provide ‘government home’ to a minor girl from Sopore allegedly kidnapped by one Javed Ahmad Dar son of Nazir Ahmad.
Advocate Sheikh Manzoor Ahmad who appeared on behalf of the father of the girl Mohammad Akbar Mir prayed before the court that petitioner’s daughter, Rubeena, had been kidnapped by Javeed on 21-11-2010. An FIR No 579 under section 366, 109, 376 had been lodged in Police station Sopore. “The case was attracting the provisions of 363 as Rubeena was minor when she was kidnapped in November last year” the petitioner prayed.
The minor girl was recovered from the custody of the accused by the police on 24-11-2010 and produced before the CJM Sopore. The CJM granted bail to the accused and handed over the custody of the girl to the accused as she stated before the CJM that she wasn’t ready to go with her father. The counsel appearing on behalf of the father of the girl produced date of birth certificate of the girl which mentioned her age as 15 years and eight months.
However, police produced a certificate issued by a dental surgeon before the CJM where the age of the girl had been shown as 19 years.
Aggrieved by the aforesaid orders, the girl’s father approached the High Court seeking custody of his daughter. Justice Hasnain Masoodi of the High Court passed an order on 12-1-2011 directing Financial Commissioner Home, Director General Police, DIG Police North Kashmir Range, SP Sopore and SHO Sopore and others to trace out the girl and produce before the judicial magistrate who shall pass fresh orders regarding the custody of the girl.
However the respondents failed to comply with the directions of the HC. The father of the girl filed a contempt petition which was heard by Justice Mansoor Ahmad Mir of the HC on 11-03-2011 who directed the respondents to file statement of facts within two weeks failing which they shall appear in person before the court. The respondents filed the statement of facts before the HC on 22-03-2011.
The girl was produced before the CJM Sopore again on 19-03-2011 who passed the order same day and handed over the custody of the girl to her alleged husband. The girl stated before the CJM that she wasn’t willing to go with her father as according to her, he had tried to kill her.
However, the court of Justice F M Ibrahim Kalifullah on 22-03-2011 stayed the orders passed by the CJM Sopore on 19-03-2011 and directed the state respondents to ascertain the availability of any government home either in Baramulla or Srinagar or any other place nearer to Sopore where the minor girl can be safely lodged till she becomes major.
Justice Kalifullah of the HC ordered CJM Sopore to pass fresh orders within two weeks from the date of the production of the girl by the answering respondents. (KNS)
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