Subsequently, in a public statement, senior Supreme Court advocate Indira Jaising announced that she intended to stop appearing on behalf of the Hussain , a decision she had taken in “view of full support of the #MeToo movement”.
One of the accused had approached the court seeking “de-novo investigation”, alleging that the probe by state police Crime Branch was “motivated”.
Hussain, who spearheaded the agitation against the rape-murder an eight-year-old girl in Kathua district, has allegedly been threatened to be “brutally” killed in custody before he reaches the court for his next hearing, which is scheduled on September 25.
The top court was hearing a plea by Talib Hussain, a key witness in the Kathua gang rape-and-murder case, alleging custodial torture by the state police in an alleged rape case lodged against him by his sister-in-law.
The Crime Branch has named 221 witnesses in its first charge sheet and more than 100 in its supplementary charge sheet filed on July 30.
A habeas corpus writ petition alleges that Hussain has been kept in illegal detention and being subjected to custodial torture. Hussain’s family alleged that he is being tortured in police custody in a fake rape case.
Talib Hussain, a social activist who led an agitation seeking justice for the family of an eight-year-old girl who was gangraped and murdered in Kathua district, was briefly admitted to a hospital in Samba with injuries on his head.
The rape charge came nearly a month after Talib’s estranged wife got an FIR registered at Samba police station, accusing him of domestic violence and attempting to kill her.
The supplementary chargesheet mainly comprises evidence collected by the Special Investigation Team since submission of the first chargesheet in April.
With the implementation of the bill, the deadline for the trial of rape cases will be two months. A six-month time limit for the disposal of appeals in rape cases has also been prescribed in the bill.
The Pathankot district and sessions court had in June framed the charges against seven of the eight accused of raping and murdering an eight-year-old girl in Jammu and Kashmir’s Kathua district early this year.
The Jammu and Kashmir Crime Branch on Tuesday day told the district and sessions judge at Pathankot in Punjab, where a trial is being held in a case of rape and murder of an eight-year-old girl, that the names of witnesses should not be disclosed in advance as it was a security concern.
The sub-inspector and the constable are accused of destroying the crucial evidence for money to save the culprits. After hearing the argument, Justice Hanjura served notice to the concerned and asked for their response within two weeks
Mehbooba Mufti’s party urged Governor N N Vohra to “review” the decision.
According to the challan presented against them, SPO Deepak Khajuria was involved in rape and murder of the girl, while the other three policemen had tried to destroy evidence in the case.