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2011 Supreme(J&K) 134

FAKKIR MOHAMED IBRAHIM KALIFULLA
Mst. Azizi – Appellant
Versus
State of J&K & Ors. – Respondent


Advocates Appeared:
Mr.Mir Shafkat Hussain, Advocate for the Appellant., Mr.A.M.Magray, Sr.AAG for the Respondent No.1&2.Mr.B.A.Zargar, Advocate for the Respondent No.3&4.

1. This age old habeas corpus petition concerns the disappearance of an young man aged 20 years by name Mushtaq Ahmad Dar S/O Ghulam Mohammad Dar R/O Tengpora, Srinagar on and after 13.04.1997 midnight.

2. As per the averments contained in the petition, the petitioner's son, namely, the detenu, was arrested by the 4th respondent at Boat Colony, Bemina on 13.04.1997 midnight, beaten in the presence of his family members, interrogated in one of the rooms of the house while the other family members were locked in another room, and thereafter he was frisked away by the personnel of the 4th respondent. The petitioner would contend that on the next day morning she approached the 4th respondent when they admitted the custody of the detenu with them and assured that he would be released shortly, and that after repeated approach and on subsequent days the detenu was not released. After passage of time, the petitioner was told that the detenu was not in their custody. In the above stated background the petitioner came forward with this Habeas Corpus Petition, stating that after exhausting her remedies with all other higher authorities including the Ministers, for securing the protection of th













































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