MT BARKATI Vs. STATE

JUDGEMENT

(1.) On 10-12-2006 Sultan Ali submitted a petition to this Court to the effect that on 30th Phagon 2006 the Special police staff raided his house in his absence and illegally carried away his wife Mst. Barkati against her will and kept her in detentidn in the Refugee Camp Mohalla Ustad Jammu. A prayer was made in the petition that the person of Mst. Barkati be removed from the custody of the Camp officer and brought before this court and set at liberty.

(2.) A notice was issued by me to the officer-in-Charge Muslim Refugee Camp Mohalla Ustad Jammu to produce before me Mst. Barkati daughter of Shukur Din. Barkati appeared before me on 15th Baisakh, 2007 along with Mrs. Dhar who describes herself as in charge of the Receiving Centres. I took down her statement. In her statement Barkati deposed that Sultan Ali was her husband to whom she was lawfully married. She further stated that she lived with Sultan Ali as wife for a period of two months when she was forcibly separated from him. She has categorically declared her unwillingness to go to Pakistan and has expressed her firm resolve to reside in the Jammu and Kashmir State along with her husband Sultan Ali. It was also stated by her that she has attained majority and was free to go anywhere she pleased.

(3.) Mrs Dhar, who is in charge of the Camp, has in her statement admitted that she was not cognizant of any law which authorised her to keep Mst. Barkati in detention in the camp, but she has added in her statement that in the Indian Union an Act is in force which authorises officers-in-charge of Receiving Centres in India to detain recovered abducted women. She wanted time to produce copy of the Act which was granted to her. The case was fixed for the 13th of Jeth 2007 when a telegram was received from Mrs Dhar praying for adjournment, as she could not come to Kashmir on account of bad weather. The case was fixed up for hearing today.