Srinagar: The J&K high court on Monday directed mother or father of the girl, who was allegedly molested in Handwara last month, to file an affidavit before it, stating their daughter does not need police protection.
A bench of Justice Mohammad Yaqoob Mir and Justice Ali Mohammad Magrey also reserved orders on a plea by the girl’s mother, seeking directions to Director General of Police to file an FIR against Handwara SP and the SHO Handwara police station for “illegal arrest” of the girl and for carrying out a fair investigation.
She also demands an investigation into the role of army, particularly GoC 15 Corps Badami Bagh, in “creation and release of the video” featuring the girl giving a clean chit to the soldiers.
“District and Sessions Judge Kupwara should be asked to carry out an enquiry into the creation and circulation of video and surrounding circumstances, to be concluded within two weeks,” she said.
She also sought directions to the investigating officer against the SP and SHO and for regularly updating the court with status reports.
Counsel for the petitioner advocate Parvez Imroz argued in support of the demand made in the plea, while the government strongly opposed it, saying that no constitutional, fundamental or legal rights of the girl or her father were infringed or violated in any manner whatsoever.
“That the petitioner has not approached with clean hands, she has misrepresented the facts and also concealed material facts from this Court. It is submitted that the husband and the daughter of the petitioner were provided protective custody and security in view of apprehending grave and imminent to threat to their lives,” the government said.
This was done, the additional advocate general NA Beigh said, to protect their fundamental rights guaranteed under article 21 of constitution rather than violating it as “wrongly perceived by the petitioner.”
He that the girl approached police station Handwara on April 12 at around 3:15 pm stating that she was molested, dragged and slapped by two local boys while she was coming out of a public lavatory in the main chowk Handwara.
She identified one of the boys as Hilal Ahmad Banday who according to her was yelling “Kya Kashmiri Mar Gaye Hai” (have Kashmiris died), he said. The other boy, she said, is not known to her but she could identify him, the police said. Accordingly, he said, a case (FIR No. 130/2016 u/s 509, 354,341) RPC was registered.