Jammu & Kashmir and Ladakh High Court says petitioner misled police and the court for over three years by filing false affidavits and creating a fictitious case; Registrar Judicial directed to lodge complaint before Chief Judicial Magistrate.
The Jammu & Kashmir and Ladakh High Court has ordered initiation of criminal proceedings against a man who filed a habeas corpus petition claiming that his minor daughter was in illegal custody of the police, only for multiple inquiries to reveal that the alleged detenue did not exist.
Justice Sanjay Dhar, while disposing of HCP No. 61 of 2023, held that the petitioner, Tassadaq Hussain, had furnished false information not only before police authorities but also before the court. The court observed that the petition was supported by sworn affidavits asserting facts within the petitioner’s personal knowledge, even though inquiries later established that there was no daughter by the name of Shabeena Kouser.
According to the judgment, the petitioner had approached the court alleging that police officials had taken away his minor daughter from his home. He claimed that repeated complaints and applications had been ignored, prompting him to file the habeas corpus petition seeking her production. However, the police denied the allegations and reported that there was no record of any such daughter. The village Lambardar also confirmed this position.
The court then directed multiple inquiries, including one by the Chief Judicial Magistrate, Rajouri. The CJM’s report concluded that no daughter named Shabeena Kouser existed and that the petitioner had created a fictitious character to harass the respondents and satisfy his ego and frustration. A fresh police inquiry also reached the same conclusion, stating that the petitioner had only five daughters and one son, and no daughter by the disputed name.
The High Court noted that the petitioner had repeatedly filed affidavits based on personal knowledge and had continued to pursue the matter for years, thereby wasting valuable judicial time. It held that such conduct amounted to abuse of the process of law and attracted penal provisions under the Bharatiya Nyaya Sanhita, 2023 relating to false information, false evidence, and related offences.
Referring to the procedure under the Bharatiya Nagarik Suraksha Sanhita, 2023, the court observed that offences of this nature, when committed in relation to proceedings before a court, require a written complaint by the court or an authorized officer before cognizance can be taken. Accordingly, the court authorized the Registrar Judicial, Jammu, to file a complaint before the Chief Judicial Magistrate, Jammu, along with the relevant documents.
The court therefore closed the proceedings in the habeas corpus petition and directed that criminal complaint proceedings be initiated against Tassadaq Hussain for perjury and allied offences.
Bottom Line :
Habeas corpus petition filed on behalf of a fictitious minor girl alleging wrongful confinement by police - Inquiry by police, Chief Judicial Magistrate and revenue/local authorities established that alleged detenue did not exist and petitioner had furnished false information on oath - High Court held that filing false affidavits and misleading Court amounted to abuse of process and directed prosecution by written complaint through Registrar Judicial in view of Section 215 BNSS for offences relating to false evidence and false information under Bharatiya Nyaya Sanhita, 2023.
Statutory provision(s): Article 226 of the Constitution of India, Sections 216, 217, 227, 229, 233, 236, 237 of the Bharatiya Nyaya Sanhita, 2023, Section 215 of the Bharatiya Nagarik Suraksha Sanhita, 2023
Shabeena Kouser v. UT of J&K, (Jammu & Kashmir And Ladakh) : Law Finder Doc id # 2987733
