Is Talib Hussain Targeted for Being a Witness in the Kathua Murder Trial?

Lawyer and activist Talib Hussain, the key witness in the Kathua gang rape and murder case, was reportedly attacked on August 20, outside the court in Samba. 

Mubeen Farooqi, his lawyer confirmed with Newsclick that he was attacked by an unidentified man, but the police protected him. Farooqi is also the counsel of the Kathua rape and murder victim’s family.

After a prolonged limbo, the controversy surrounding Kathua rape case has gained momentum once again, after the arrest of Hussain. He was the prime witness in the case, where an eight-year-old from nomad Bakarwal community was abducted, gang raped, and murdered in January 2018.  

Hussain was arrested on July 31, following an allegation of rape against him. He was arrested from Tral, Kashmir, and was brought to the police station in Samba. 

Previously, his estranged wife had filed a case of dowry and domestic violence against him, but he was not arrested then. Hussain was arrested in connection with the investigation in FIR 185 under section 307, 382, 363, 323, 354A and 498A of the RPC. After the FIR 185 was stayed by Srinagar wing of the state High Court, Samba police registered another FIR 211 on the same date and time and the police team arrested Hussain following charges under section 376 RPC and 4/25 of arms act on the direction of SHO Samba.

It was alleged that the activist-lawyer tried to molest and rape his sister-in-law. The complainant had alleged that Hussain had met her in a forest area around a month and a half ago, where he pounced on her, pushed her to the ground, touched her private parts and threatened to kill her with a meat chopper.

Since his arrest, the Jammu and Kashmir police are facing the allegations of brutally assaulting the activist-lawyer in the custody. However, the police have maintained that Talib’s injuries were self-inflicted, as he attempted to commit suicide by hitting his head to the wall. 

Farooqi, who had met Hussain, confirmed that he was badly beaten up, handcuffed, hung from a hook and stripped naked. “When I met Talib, he was in a bad shape. He told me that the police have been torturing him, and has been forced to stop speaking in Kathua rape case. My question is why are they asking him to stop speaking about Kathua incident?” he questioned.
Meanwhile, on August 8, Hussain’s cousin Mumtaz Ahmed Khan had filed a habeaus corpus writ petition in the Supreme Court urging to order the police to produce the activist before it, and call for the medical records while he is in the custody. Mumtaz had alleged that his brother was illegally detained, and was subjected to third-degree torture while in custody. The Court had issued a notice to the state government then and now has asked for a reply within a week. The court will be hearing the matter on August 29.

Newsclick tried to reach Mumtaz, could not reach him. Sources revealed that Mumtaz is under pressure since he has filed the petition, and is unwilling to talk to anyone.

Are there loopholes in the case?

According to Farooqi, FIR against Hussain was filed at 12.30 on July 31 in Mansar, 20 km from Samba, and he was arrested one and a half hour later in Tral, Kashmir. “My question is how the police reached Tral in just one hour, when the journey to Tral from Samba is of seven hours. Was it pre-planned? It is the basic question I am asking,” said Farooqi.

As per the reports, Hussain’s estranged wife had appeared in the Samba District Court, and had filed a petition through Jammu-based advocate AK Sawhney. Incidentally, Sawhney is the main counsel representing the main accused in the Kathua rape and murder case. “How will one justify this coincidence? Talib’s wife filing a petition through AK Sawhney, who is also representing the main accused in the Kathua incident? Don’t you see the link? Isn’t it out in the public? Can you see why Talib was arrested?” he asked. 

Farooqi has maintained that the case has been registered on hypothetical story. “An ex-minister has been involved, who has been fuelling the case. That ex-minister is the reason why Talib is behind the bars. He has been assaulted, tortured. They want to kill him because he is a key witness in the Kathua case, he is posing a threat to them. That ex-minister is Lal Singh,” said a person, on the condition of anonymity. Lal Singh Chaudhary was the minister for Forest, Environment, Ecology of Jammu and Kashmir in PDP-BJP coalition government. He had reportedly rallied along with the people of Rasana in the favour of the rape-accused. He has remained in controversy since then.

“As per my investigation, Talib had not visited his home or surrounding areas for three months before his arrest. And the complainant has alleged that he tried to rape her one and a half month ago before she filed the complaint. How is that possible? I am sure that Talib is clean, and the truth will prevail over these false, hypothetical and concocted stories,” said Farooqi. 
Newsclick made umpteen attempts to contact SSP Kathua, Shridhar Patil, but was unable to get through. Currently, Talib is in Hiranagar jail of Kathua district.