New Delhi, Aug 8 (UNI) The Supreme Court on Wednesday issued a notice to the Jammu and Kashmir government seeking a detailed response on the habeas corpus petition filed by the family member of the key witness, Talib Hussain, in the sensational Kathua gang rape-and-murder case.
A three-judge bench of the apex court, headed by Chief Justice of India (CJI) Dipak Misra and also comprising Justices AM Khanwilkar and DY Chandrachud, issued notice to the Jammu and Kashmir government on hearing a habeas corpus petition filed by the family member of Talib Hussain.
The top court considered the submission of senior advocate Indira Jaising that Hussain had been brutally tortured in police custody and judicial intervention was needed.
The next hearing in the case will be held on August 21.
The state of Jammu and Kashmir will file its response on the date.
The petitioner claimed that when Hussain was helping the family members of the Kathua victim, the police allegedly picked him up and there was no information as to where he is at present.
Hussain is a social activist, who led an agitation seeking justice for the family of the eight-year-old victim.
As per the police, the eight-year-old girl, belonging to a nomadic Muslim tribe, was allegedly abducted, drugged, gang-raped, tortured and killed in January.
The top court also permitted the woman, who had lodged an FIR against Hussain alleging rape, to file an application seeking to intervene in the matter.
The habeas corpus writ petition, filed by the cousin of Hussain, claims that Hussain had been kept in illegal custody and was being subjected to custodial torture.
The state police's crime branch, which probed the case, filed the main charge sheet against seven people and a separate charge sheet against a juvenile.