Jammu & Kashmir High Court - Srinagar Bench
Abdul Majeed Sheikh vs . State Of Jk And Ors. on 29 March, 2019
Author: Rashid Ali Dar
Bench: Rashid Ali Dar
Through Video
Conference
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
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IA No. 01/2019 In HCP No. 13/2019 Date of order: 29.03.2019 Abdul Majeed Sheikh Vs. State of JK and Ors. Coram:
Hon'ble Mr. Justice Rashid Ali Dar, Judge. Appearance:
For the Petitioner(s) : Mr. Ashiq Hussain, Adv.
For applicant(s) Mr. Surpreet S. Johal, Sr. Adv.
For the Respondent(s) : Mr. Asif Maqbool, GA.
1. The instant IA has been listed in light of the orders of Lord Chief Justice and is heard through video conference.
2. Mr. Johal, learned Senior Counsel submits that the "alleged confinee" namely Sumeet Kour @ Zaira Sheikh has not been kept in wrongful confinement. He submits that she is an educated woman living freely at present. She can testify same if the Court asks her to do so, is his further submission.
3. Per contra, learned counsel for the petitioner submits that since she had been in illegal confinement for last so many weeks and so she may be lodged for some time at Nari Niketan and thereafter her statement, if any, be recorded.
4. Considered the rival arguments. Keeping in view the grounds urged in the petition as well as instant IA, it is deemed appropriate to direct the learned Registrar Judicial of Jammu Wing to record the statement of the "alleged confine" namely Sumeet Kour @ Zaira Sheikh in her chambers, while ensuring that the alleged confine is tendering the statement voluntarily and without any duress. The statement so recorded shall be submitted before this Court in a sealed cover, by or before the scheduled date of hearing in main matter i.e. 5 th April 2019. If on recording of the statement of the "alleged confinee" namely Sumeet Kour @ Zaira Sheikh, the learned Registrar Judicial is of the opinion that any step are required to be taken to provide her security cover, she may do so to enable her to move to the place of her choice.
5. List along with HCP NO. 13/2019 on the date fixed.
6. Till then order passed by this Court on 15.03.2019 shall remain on hold and need not to be acted upon by the concerned police station.
7. Copy of this order be provided to learned GA under the seal and signature of the Bench Secretary.
(Rashid Ali Dar) Judge Srinagar 29.03.2019 "Aasif AASIF GUL 2019.04.01 01:28 I attest to the accuracy and integrity of this document