J&K HC asks Army, others to file objection to a petition in 3 civilian arrest case

Newspoint Bureau
Srinagar, January 1
Jammu and Kashmir High Court has asked the Army and others to file objection to a petition filed by the family members of three persons who are reportedly missing after they were last seen with a person working with Territorial Army (TA) in the frontier district of Kupwara since November 2015.
The court has directed the Army to produce all the three before the court.
According to petition three persons Ghulam Jeelani Khatana son of Karim Din and Mir Hussain Khatana son of Muhammad Ismail both residents of Gojar Patti Dardepora and Ali Muhammad Sheikh son of Abdul Aziz of Dolipora Trehgam are missing since they were allegedly taken by Manzoor Ahmad Khowaja, resident of of Dardepora who works in 160 battalion of TA in Hiri , Kupwara camp since November 2015.
A single bench of the HC comprising Justice Ali Mohammad Magrey hearing the petition directed Union Defence Ministry, Chief of the Army Staff , Commandant 160 Battalion TA, J&K state and others to file objections to the petition by February 21.
The petition was filed by Begum Jan wife of Ghulam Jeelani Khatana, through her counsel S H Thakur in which she has pleaded that she has ten children, including three blind, who are struggling for survival since her husband, the loan bread earner was kept in custody by TA in Kralpora Kupwara camp.
The other petitioner Noor Hassan Khatana pleads that his cousin, Mir Hussan Khatana has seven children out of whom three are female and rest are minors who are struggling for survival and are facing starvation. The petitioners sought directions to Army and other respondents to disclose under which authority Khatana, Mir and Sheikh have been kept under detention since November last year. The petitioners also sought status of the investigation of case FIR no 100/2015 registered in this regard at Police Station Kupwara. They also sought compensation of Rs one Crore in exercise of the public law remedy independent of the civil suit available to them under law of the land. The petitioners also sought directions to Director Social Welfare Kashmir, and Deputy Commissioner Kupwara for possible relief under various schemes till their bread earners are released. The Court later asked director Social Welfare and Deputy Commissioner Kupwara to consider grievance of the petitioners whose some dependents are physically challenged by providing them relief under Social Welfare Schemes.
They further pleaded that court should ask the Station House Officer( SHO concerned to intervene in the matter and save the life of the petitioners and their families.

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