SRINAGAR: The High Court of Jammu Kashmir and Ladakh has directed its Registrar Judicial to file a complaint against a Rajouri man for allegedly furnishing false information to the police and the court by claiming that his daughter, Shabeena Kouser, had been taken into wrongful confinement, while multiple inquiries found that no such daughter existed.
Justice Sanjay Dhar passed the order on September 17 in Habeas Corpus Petition (HCP) No. 61/2023, observing that Tassadaq Hussain had engaged the court in proceedings for more than three years on the basis of allegations concerning a person whom inquiries found to be fictitious.
The court directed the Registrar Judicial, Jammu, to lodge a complaint against Hussain before the Chief Judicial Magistrate, Jammu, on behalf of the High Court and to annex the relevant documents with the complaint.
The proceedings in the habeas corpus petition were accordingly closed.
The case originated from a petition filed by Hussain, a resident of Pattrara village in Panjgrain, Manjakote, Rajouri, claiming that his minor daughter, Shabeena Kouser, had been taken away by police personnel and was being kept in wrongful confinement by the Station House Officer, Police Station Rajouri, and others.
Hussain alleged that on June 21, 2023, lady police officials accompanied by several persons entered his house and took Shabeena to an unknown destination. He further claimed that the police had failed to respond to his request for her search and production before the court.
The allegations arose against the backdrop of a dispute between Hussain and one of the respondents over an earlier incident concerning alleged trespass into his agricultural land and removal of crops. An FIR had been registered in that matter after a direction from the District Mobile Magistrate, Rajouri.
The respondent subsequently had an FIR registered on June 18, 2023, alleging that five goats had been taken away. Hussain alleged before the High Court that the subsequent police action against him was intended to exert pressure in the pending civil litigation.
However, a status report submitted by the SHO, Police Station Rajouri, in November 2023 stated that no police officials from the station had visited Hussain’s residence on June 1, June 2 or June 17, 2023. It said an Investigating Officer had visited the house on June 21 in connection with FIR No. 286/2023, but denied that police had forcibly taken away Shabeena.
The police also reported that there was no record showing Shabeena Kouser as Hussain’s daughter, a fact which was stated to have been confirmed by the village Lambardar.
The High Court subsequently repeatedly sought documentary material to establish the identity and existence of Shabeena Kouser. On March 14, 2024, after documents were produced, the Government Advocate informed the court that police verification had found that Hussain had no daughter by that name.
The court then directed that Hussain be produced before it to ascertain the factual position. He was produced on June 7, 2024, and later appeared in person with his wife, Akhter Jan, on October 3, 2024.
An inquiry report submitted in October 2024 recorded that Hussain had produced documents relating to Shabeena’s identity. However, the Block Medical Officer, Manjakote, reported that the immunisation card bearing her name was incorrect. The DDC member for Doongi, the village Chowkidar and the Sarpanch of Panchayat Panjgrain also stated that they had no knowledge of Shabeena Kouser being Hussain’s daughter.
A fresh inquiry conducted by the SHO, Rajouri, and submitted in January 2025 concluded that Hussain had five daughters and one son and that he had no daughter named Shabeena Kouser.
The High Court then directed the Chief Judicial Magistrate, Rajouri, to conduct an inquiry into the matter. In a report dated May 28, 2025, the CJM concluded that Hussain had no daughter by that name and that he had created a fictitious character or non-existent entity.
Hussain was given an opportunity to submit objections to the CJM’s report. Though objections were subsequently filed on August 14, 2025, the High Court noted that he and his counsel had stopped appearing after the inquiry report was submitted.
On December 11, 2025, the High Court observed that the CJM’s report did not support Hussain’s allegations concerning the alleged wrongful confinement. It also sought verification from the Deputy Commissioner, Rajouri, regarding whether any Aadhaar card or other document had been issued in the name of Shabeena Kouser.
Hussain subsequently stopped appearing in the case. On April 9, 2026, the High Court dismissed the writ petition after drawing an adverse inference against him, while keeping the proceedings alive to consider appropriate legal action for alleged perjury.
In its latest order, the court said the sequence of events, particularly the CJM’s inquiry report, established that Hussain had furnished false information before both the police and the High Court.
The court noted that the habeas corpus petition had been supported by a sworn affidavit in which Hussain had declared that its contents were true and correct to the best of his personal knowledge. It also recorded that he had filed several affidavits during the proceedings.
The High Court held that his conduct attracted penal provisions under Sections 216 and 217, as well as Sections 227, 229, 233, 236 and 237 of the Bharatiya Nyaya Sanhita (BNS).
Referring to Section 215 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the court said prosecution for specified offences allegedly committed in relation to court proceedings requires a written complaint by the concerned court or an officer authorised by it.
Accordingly, the High Court authorised its Registrar Judicial, Jammu, to file the complaint against Hussain before the Chief Judicial Magistrate, Jammu, along with the relevant documents.
The order was pronounced by Justice Sanjay Dhar at Jammu on September 17, 2026.
