Recover 24-day-old girl ‘separated forcibly’ from mother: HC to Police

Srinagar, Sep 1: The High Court Wednesday directed the Police to accelerate efforts to search and recover a 24-day-old girl who had been “separated forcibly” from her mother.

Hearing a petition by the child’s mother, a bench of Justice Ali Muhammad Magrey directed SP East Zone Srinagar who was present to approach the DGP or the IGP Kashmir, if required, for making available electronic or technical requirements as may be helpful in tracing out the location of the child and other hiding persons.

   

“This may include coordinating the Cyber Crime Police in the process,” the court said.

A woman from Jammu has approached the court with the contention that her 24-day-old daughter has been forcibly taken away by her in-laws from Nishat here.

On August 31, the court directed the SSP Srinagar to take all necessary measures to ensure recovery of the child.

As the petition came up for hearing, senior Additional Advocate General (AAG) B A Dar informed the court that the child could not be recovered as yet as she was not found at the residence of her mother’s in-laws.

With the court’s permission, the AAG placed on record the report by the Police.

The report revealed to the court that SHO, Police Station, Nishat raided different suspicious locations, including the house of the infant.

The report said that the searches were conducted in presence of Executive Magistrate, 1st Class, Khanyar, Showkat Ahmad Rather.

It said that the Police team also raided the house of one Muzamil Ahmad Sheikh but the child was not found there.

The report divulged that the father of the infant as also her grandmother were not available at the raided places and have gone into hiding with the baby thereby obstructing the lawful implementation.

After perusing the report, the court appreciated the endeavour and the effort of the Police team supervised by SP East Zone, Srinagar, Tanushree.

“However, the endeavour should result in recovery of the child before anything untoward happens to her or is done with her as suspected by the petitioner,” the court said.

The court observed that the conduct of the private respondents (in-laws of the baby’s mother and her husband) was only aggravating the excesses allegedly committed by them vis-à-vis the child and her mother.

“Their conduct axiomatically has been instrumental in prolonging the suffering of the child and agony of the petitioner. Nonetheless, the court is not powerless. The conduct of the private respondents is also likely to bring others into the dragnet of abetment of the crime,” the court said.

The court directed the Police to accelerate efforts to search for and recover the baby in tune with the spirit and anxiety expressed by it in its directions.

The mother of the infant, who was present, stated before the court that the “female baby was taken out from her only to kill her”.

She said that she had already submitted a complaint before the Police in this regard.

“If so, the Police concerned shall take due action in accordance with the law on the complaint so made by the petitioner,” the court said.

Extending time for implementation of the order it passed on August 31, the court ordered the listing of the matter at 2:30 pm on Friday.

“If in the meantime the child is recovered, the Police should act in the manner provided by this court in order dated 31 August 2021,” the court said.

Meanwhile, the court directed the Police to also take appropriate measures for the safety of the child’s mother, lest any harm should be caused to her.

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