Court Says False Claims Kept Proceedings Alive for More Than Three Years; Registrar Judicial Asked to Approach CJM Jammu
Srinagar, September 28: The Jammu and Kashmir and Ladakh High Court has directed the filing of a criminal complaint against a man after inquiries failed to establish the existence of the daughter whose alleged detention formed the basis of a habeas corpus petition before the Court.
The matter concerns Tassadaq Hussain, a resident of Rajouri, who had approached the High Court in 2023 claiming that his daughter, Shabeena Kouser, had allegedly been taken away by police officials and was being kept in wrongful confinement.
According to the proceedings, police authorities denied the allegation and stated that their visit to Hussain’s residence was connected with the investigation of another criminal case. The police also reported that there was no record establishing Shabeena Kouser as Hussain’s daughter.
The High Court subsequently sought documentary and other material regarding the alleged daughter. Further verification was carried out through local and district authorities, while inquiries by officials also failed to find evidence supporting Hussain’s claim.
A Chief Judicial Magistrate-level inquiry later concluded that there was no daughter by the name of Shabeena Kouser and described the alleged identity as fictitious or non-existent, according to the court proceedings.
Justice Sanjay Dhar, while dealing with the matter, observed that the petitioner had allegedly provided false information to authorities and had kept the constitutional court engaged in proceedings for more than three years.
The Court noted that the conduct appeared to attract penal provisions of the Bharatiya Nyaya Sanhita, 2023, including Sections 216, 217, 227, 229, 233, 236 and 237. The Court further observed that the matter warranted prosecution in accordance with law.
The habeas corpus petition was dismissed on April 9, 2026, while proceedings relating to possible action over the alleged false claims were kept alive.
In its subsequent order dated September 17, 2026, the High Court directed the Registrar Judicial, Jammu, to file a criminal complaint against Hussain before the Chief Judicial Magistrate, Jammu, along with the relevant documents.
The direction was issued with reference to Section 215 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) concerning prosecution for specified offences connected with court proceedings.
The case is titled Shabeena Kouser through Tassadaq Hussain v. UT of J&K and Others, HCP No. 61/2023. Government Advocate Bhanu Jasrotia represented the Jammu and Kashmir administration.(KNC)
