“Petitioner Allegedly Forced Out of Court Premises by Brother; J&K HC Orders Security Review and Custodial Protection”
Isabella Mariam
The High Court of Jammu & Kashmir and Ladakh, presided over by Justice Rahul Bharti, expressed “serious anguish and concern” over an incident on March 11, 2025, where a petitioner was allegedly removed from the court premises against her will by a civilian relative. The Court noted that the act was not carried out by the investigating police. In response, the Court issued interim directions regarding the petitioner’s safety, the responsibilities of police personnel, and institutional security lapses.
The incident occurred within the precincts of the court, leading to immediate judicial scrutiny. The petitioner’s counsel submitted that the petitioner was compelled to leave the court corridors against her wishes by a civilian relative.
The Court summoned senior police officials, including the Senior Superintendent of Police, Srinagar, to explain the circumstances of the incident. Respondents were represented by counsel along with senior police officials present in court.
The matter also involved questions concerning the petitioner’s age. A certificate was submitted by the Headmaster of Government High School, Bonzanigam, Budgam, stating that the petitioner’s recorded date of birth is March 6, 2009. This led the Court to consider the petitioner’s status and immediate custodial arrangements.
The Court recorded “serious anguish and concern about the developments which came to take place yesterday i.e., on 11th of March, 2025 in the manner in which the petitioner No.1 came to be forced out of the corridors of this court premises against her wishes that too not by the investigating police of the Police Station Parimpora but by a civilian person who is said to be the brother of the petitioner No.1.”
It further recorded, “Mr Mohsin-ul-Showkat Qadri, the learned Senior Additional Advocate General, has registered a serious apology and remorse with respect to the developments which came to take place and assures this court that repeat of such incidents will not take place.”
The Court observed that “yesterday’s development also exposes lack of appropriate security measures including deficient CCTV installation on the court premises so as to ensure that each and every nook and corner gets under CCTV surveillance.” It directed the learned Registrar Judicial, Srinagar, “to audit the CCTV installation on the court premises and submit a report by the next date.”
On the issue of the petitioner’s age and welfare, the Court recorded that “the facts and circumstances of the case warrant for the time being to direct the lodgement of the petitioner No.1 in the Shelter Home.”
The certificate establishing the petitioner’s date of birth was formally taken on record.
The Court directed, “Incharge, Child Welfare Committee, Shelter Home, Sanat Nagar, Srinagar is directed to admit the petitioner No.1.”
The Station House Officer of Police Station Parimpora was instructed as follows: “Station House Officer (SHO), Police Station, Parimpora is directed to hand over the person of the petitioner No.1 back to the Incharge Child Welfare Committee, Shelter Home, Sanat Nagar, Srinagar.”
The Court further ordered that the petitioner be produced before it on the next hearing date: “The petitioner No.1 to be produced again by Station House Officer (SHO), Police Station Parimpora under the supervision of policewoman before this court on 19th of March, 2025 at 2:30 PM.”
Regarding the ongoing investigation, the Court directed: “Investigation with respect to FIR No. 20/2025 registered in the Police Station, Parimpora shall remain in abeyance and the Station House Officer (SHO), Police Station Parimpora is directed not to carry out the arrest of the petitioner No.2.”
It was further directed that visitation rights to the petitioner in the Shelter Home would be restricted solely to her parents.
The Court concluded, “Copy of this order be given to Incharge, Child Welfare Committee, Shelter Home, Sanat Nagar, Srinagar under the seal and signature of the Bench Secretary of this court.”
Advocates Representing the Parties
For Petitioner(s): Mr. Aashiq Hussain Shah
For Respondent(s): Mr. Mohsin-ul-Showkat Qadri, Mr. Satinder Singh Kala, Mr. Furqan Yaqoob Sofi, Mr. Imtiyaz Hussain Mir, Mr. Imtiyaz Ahmad, Mr. Saleem Jehangir, and Mr. Rabinder Singh
Case Title: [Name Withheld] v. Union Territory of J&K and Others
Neutral Citation: 2025:JKHC:1511
Case Number: WP (C) No. 512/2025, CM No. 1243/2025
Bench: Justice Rahul Bharti
[Read/Download order]
