The Supreme Court on Wednesday refused to issue any interim order to Jammu and Kashmir police on a contention by a witness in the Kathua gangrape-cum-murder case that he was tortured in police custody after his arrest in the case.
A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud, however, issued a notice to the state government, after senior advocate Indira Jaising, representing a close relative of Talib Hussian, contended that the person cannot be tortured even in lawful custody.
The court also said such kind of plea cannot be raised under the writ of habeas corpus jurisdiction as the accused after his arrest was produced before the magistrate.
Jaising, however, said the police first sought to arrest him in the case lodged by his wife but after coming to know of his anticipatory bail, they got a fresh FIR registered by his sister-in-law to put him behind the bars. She sought direction to the police to produce the case diary, which the court declined.
The court put the petition filed by Mumtaz Ahmed Khan for consideration on August 21 after asking the counsel to serve upon the Advocate General of the state.
It also allowed a counsel to file an impleadment application on behalf of the rape victim.