Srinagar, August 20, KDC: Taking stern note of the violation of established legal safeguards protecting the identity of sexual assault survivors, the High Court of Jammu & Kashmir and Ladakh has sought an explanation from its Registry for entertaining a petition that revealed the name of the complainant.
The directive was issued by a Bench of Justice Shahzad Azeem while dealing with a criminal petition filed a scientist from the Department of Computer Sciences at the University of Kashmir, who was arrested in April 2026 in connection with a rape case.
During the hearing, after arguing for some time, counsel representing the accused scientist sought permission to withdraw the petition. Taking the counsel’s statement on record, the Court dismissed the petition as withdrawn alongside connected applications.
However, noticing that the pleadings openly mentioned the name of the complainant/victim as a respondent, the Bench took serious exception to the procedural lapse.
“Keeping in view the fact that the petitioner has disclosed the name of respondent No. 2 (victim/ complainant), it becomes necessary to seek explanation from the Registry as to how this petition has been entertained despite repeated directions/ circulars issued from time to time in this regard,” Justice Shahzad Azeem directed.
The petitioner had earlier approached the High Court invoking Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) seeking judicial intervention in proceedings arising out of FIR No. 11/2026 registered at the Women’s Police Station, Rambagh, Srinagar.
The case involves charges under Section 64 of the Bharatiya Nyaya Sanhita (BNS) following a complaint by a 28-year-old woman who alleged that the accused established physical relations on the false pretext of marriage, subjected her to financial exploitation, and compelled her to terminate multiple pregnancies before issuing threats to leak private photographs.
Following his arrest in April 2026, the Kashmir University administration had placed the scientist under suspension with immediate effect under Rule 31 of the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956.
The case is currently under trial before the Court of 2nd Additional Sessions Judge, Srinagar.
In the High Court proceedings, Advocate Abu Owais Pandit appeared for the petitioner, Advocate Haris Khan represented the Union Territory, while Advocate Arshid Bashir appeared for the complainant. (KDC)
