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2002 Supreme(J&K) 250

S.K.GUPTA, T.S.DOABIA
World Human Rights Protection – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
Advocate For Appellant: A.K. Sawhney
Advocate For Respondent: S.S. Nanda
Advocate For Appellant: Aseem Sawhney
Advocate For Respondent: Baldev Singh
Advocate For Respondent: Shahista Hakim

DOABIA, J. :-

In the heavens above

The angels, whispering to one another,

can find, amid their burnings

terms of love, None so devotional as that "mother."

said Poe Edgar Allan.

The above words indicate the importance of being a mother. So far as importance of a child is concerned, this has been described by the great poet Milton as under :-

"Child shows the man as morning shows the day."

2. If above is the importance of relationship between the mother and a child, then would it be apt to keep the mother and daughter in custody when the daughter is not at fault and if the daughter is to be set free, can she be deprived of her mothers company ? This is the sum and substance of this public interest litigation.

3. The facts be noticed.

A married lady (S), resident of Pak Occupied Kashmir had some differences with her husbands family. She left her matrimonial home and is said to have jumped into river Jhelum. She, however, swept to the Indian side of the river and was picked up by the Indian Forces. She was then handed over to the police having entered Indian territory without valid papers. She was found to have committed an offence under Egress and Internal Movement control Order. A First Infor








































































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