Other States - Orissa   

Hearing in J&K woman’s case adjourned

CUTTACK: The High Court on Wednesday adjourned the hearing of the case of 28-year-old Nazia Banu to November 19 when the State Government sought some more time to file its counter.

The court would decide whether the woman who fled from her native place in Budgam district of Jammu & Kashmir should be sent back or not for production before a local court.

The Single Judge Bench of Justice Indrajit Mohanty asked the government counsel to furnish details by that date stating what action had been taken by the State Government to ensure safety and security of some Oriya persons who were allegedly being threatened in Kashmir over the issue.

The court suo motu took cognizance of media reports which said that following the escape of Nazia to Orissa with an Oriya Hindu boy Digambar Bisoi, some Oriya labourers in Budgam district were reportedly held hostage and threatened. The government counsel informed the court that the Bhubaneswar SP had already taken up the matter with his Budgam counterpart.

Nazia, a mother of four children, left her husband’s home and arrived in Bhubaneswar last month with the help of Bisoi. The local police immediately took them into custody. Stating that her husband Md. Yusuf was torturing her, she refused to go back to her husband. She denied having any affair with Bisoi.

But Bisoi was facing kidnap charge registered by the J&K police, and on the basis of an NBW issued against him by a J&K court, the Bhubaneswar SDJM court had ordered for ‘transit remand’ of both Nazia and Bisoi with adequate escort for production before the J&K court. Following their arrest by the Bhubaneswar police, Nazia was now staying in a short-stay home while Bisoi is lodged in jail. Challenging the legality of the Bhubaneswar SDJM court, Nazia moved the High Court stating that only an executive court can act upon a foreign NBW received through fax.

Meanwhile, the Cuttack based NGO – Committee for Legal Aid to Poor (CLAP) – that had taken up Nazia’s case, also filed another miscellaneous case urging the High Court a direction to the Bhubaneswar sessions court to release Bisoi on bail. “The High Court ordered that it has no bar on the sessions court to consider the bail application of Bisoi,” said CLAP’s lawyer Siddheswar Mohanty.

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