ANKUSH vs UNION TERRITORY OF J AND K (HOME) AND OTHERS

S. No.12
Regular List


IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR



HCP No.40/2026 CM No.2424/2026
and CM No.3270/2026







ANKUSH
Petitioner(s)
…..
Through: Mr.Dalbir Singh, Advocate (through VM)




V/s


UNION TERRITORY OF J AND K AND OTHERS
… .. Respondent(s)

Through : Mr.Mohsin Qadiri, Sr.AAG and
Ms.Maha Majeed, Assisting Counsel



CORAM:

HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

ORDER
29.06.2026




1. The petitioner through the medium of present petition has
prayed for a writ of Habeas Corpus directing the respondents to
produce the detenue Smt. Khushboo Akhter before this Court and to
set her at liberty from illegal and forcible custody of respondents
No. 6 to 8. A further direction upon the official respondents to
provide immediate and adequate protection to the life and liberty of
the petitioner and the detenue has also been sought.
2. As per the case of petitioner, he has entered into a wedlock
with the corpus out of free will and consent of the parties. It is the
case of the petitioner that he alongwith the corpus started living as
husband and wife and on 15.04.2026 when he alongwith corpus

were travelling from Srinagar to Chandigarh, the driver of the taxi in
which they were travelling with connivance with other local drivers
began harassing them and with the help of local police of Police
Station Chanderkote, the petitioner alongwith corpus was taken to
the Police Station, where they were illegally detained. It has been
submitted that the police officials called the private respondents to
Police Station Chanderkote and they allowed the corpus to be taken
away forcibly by the private respondents. According to the
petitioner, the detenue is in illegal custody of respondents No.6 to 8.
3. On 22.04.2026, when the petition was taken up by this Court
on motion hearing, an interim direction came to be issued to
respondent No.4- SSP, Kupwara and respondent No.5-SHO, Police
Station Handwara to ensure that no harm is caused to the corpus,
namely, Khushboo Akhter. Notice was also sent to the other
respondents. On 29.05.2026 a direction came to be issued by this
Court that the alleged abductee be produced before this Court on
rd
next date of hearing for her examination. On 3 June, 2026, the
corpus was produced before this Court and under the directions of
this Court her statement was recorded by the Registrar Judicial.
4. In her statement recorded before the Registrar Judicial, the
corpus who is a major girl, categorically stated that she has entered
into wedlock with the petitioner out of her free will and consent and
that she desires to live a peaceful matrimonial life with him.
HCP No.40 of 2026 Page 2 of 5

However, while recording his statement, the learned Registrar
Judicial rendered an opinion that the corpus has not made her
statement voluntarily and that she was under influence and coercion.
The Registrar Judicial further recommended that the corpus may be
sent to the Open Shelter Home for Girls, Srinagar at Nowgam at
least for fifteen days to provide her necessary emotional and
psychological treatment to help her to come out of the mental
distress and thereafter her statement needs to be recorded afresh.
5. Acting on the aforesaid recommendation of the Registrar
Judicial, this Court vide order dated 03.06.2026 directed that
custody of the corpus be handed over to Incharge, Open Shelter
Home for Girls, Srinagar at Nowgam with a further direction to
produce her before the Court on next date of hearing.
6. It seems that aforesaid order passed by this Court came to be
challenged by the petitioner by way of SLP(Cr) No.11476/2026
before the Supreme Court. Vide order dated 19.06.2026, passed by
the Supreme Court, operation of order dated 03.06.2026 has been
stayed and the corpus, namely, Khushboo Akhter has been directed
to be released from Open Shelter Home for Girls, Nowgam Srinagar.
It has been further directed that she shall be provided security and
safely escorted to destination of her choice.
7. Today learned counsel for the petitioner has submitted that
pursuant to the directions of Supreme Court, the corpus Khushboo
HCP No.40 of 2026 Page 3 of 5

Akhter has been released from Open Shelter Home for Girls
Nowgam, Srinagar and she has joined the company of petitioner out
of her free will and volition. He has, however, submitted that there
was reluctance on the part of the Police authorities and the
authorities of Open Shelter Home for Girls to permit the Corpus to
proceed to destination of her choice. He has further submitted that
the petitioner, as well as the corpus, were subjected to brutal torture
by the Police of Police Station Chanderkote and, as such, they need
to be proceeded against in accordance with law. In fact, the learned
counsel has submitted that the petitioner has already filed an
application bearing CM No.3270/2026, whereby the petitioner has
placed on record a copy of Zero FIR registered by him with Police
Station Quilla Panipat on 27.04.2026, wherein action against the
officials of Police Station Chanderkote, the taxi drivers as also the
private respondents and other persons involved has been sought.
8. It is not in dispute that pursuant to the directions of Supreme
Court, the corpus has been set at liberty and she has been allowed to
proceed to the destination of her choice, whereafter she has started
living with the petitioner out of her own free will and volition.
Thus, the prayer of the petitioner with regard to production of corpus
before this Court and for passing further direction with regard to her
custody stands already satisfied. The only issue which remains to be
addressed is with regard to alleged brutalities and excesses
HCP No.40 of 2026 Page 4 of 5

committed by the officials of Police Station Chanderkote, private
respondents and unknown taxi drivers upon the petitioner and the
corpus. The same issue is subject matter of Zero FIR registered by
Police Station Quilla Panipat on 15.04.2026 which has been
transferred to Police Station Chanderkote District Ramban. Since the
petitioner has already taken recourse to appropriate remedy in this
regard, as such, no further directions are required to be passed by
this Court at this stage.
9. In view of the above, the petition is disposed of leaving it
open to the petitioner to approach this Court afresh in case he does
not feel satisfied with the action that is being taken by the police
officials of Police Station, Chanderkote with regard to investigation
of Zero FIR which has been transferred to the said Police Station.


(SANJAY DHAR)
JUDGE

SRINAGAR
29.06.2026
Sarveeda Nissar

Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No

HCP No.40 of 2026 Page 5 of 5

Sarveeda Nissar
I attest to the accuracy and
authenticity of this document
every page at bottom left side
30.06.2026 03:55