MOHD ANWAR ASHAI Vs. STATE OF J&K

JUDGEMENT

(1.) FIVE petitioners namely Mohd. Anwar Ashai, Mohd. Jaweed, Mohd. Iqbal Naqishbandi, Habib Ullah Sufi and Bashir Ahmad have moved this court by means of a joint application under S. 491 Criminal P. C.

(2.) THE allegations of the petitioners are that Mohd. Javeed and Bashir Ahmed petitioners were kidnapped by the CRP on the night intervening 7/8th Oct. and 19th Oct. 1965. The petitioners were taken to the interrogation centre where Mr. D P. Dhar the then Home Minister asked them to become crown witnesses against one Maulvi Farooq Chairman Awami Action Committee which the petitioners refused, saying that they did not belong to any political party Mr. D. N. Kaul DIG threatened the petitioners that they would be burnt alive, whereupon he asked a CID Superintendent, Mr Shah, to get two cans of petrol to be sprinkled on the bodies of the petitioners after stripping them naked. Mr. Kaul lighted a ma.ch stick to persuade them to agree to the suggestion of the Home Minister. They were kept for 22 and 12 days respectively in the interrogation centre in the first instance. Mr. D. P. Dhar directed one Banta Singh Jamadar CRP to apply red hot iron to the naked body of the petitioners which he did and Mr. Qamar -ud -Din DSP did not allow them to sleep. After this torture Mr K. N. Kaul a Srinagar Magistrate accompanied by Mr. G. S. David District Magistrate Srinagar tried to persuade the petitioners to become crown witnesses. On their refusal the District Magistrate Mr. David whipped them. They were given D class in jail.

(3.) MESSRS Anwar Ashai, Iqbal Naqishbandi and Habibullah were arrested on the 2nd and , 10th Nov. 1965. Mr. Ashai was blamed for students unrest, although he did not belong to any political party. More than 100 students were detained under the DIR but they were released. These persons were also kept along with proclaimed offenders such as Qadir Nika, Qadir Genta etc. These moral convicts were getting Rs. 3 a day whereas the petitioners were getting Rs. 1.50 a day for their maintenance.