Srinagar: The Jammu and Kashmir and Ladakh High Court has directed the police to ensure that the 24-day-old girl was reunited with her mother. Observing that the court cannot act as a silent spectator and that necessary steps are needed to save the life and health of the child in the interest of justice, the bench of Justice Ali Muhammad Magri on Tuesday said, "It's important to make sure that the mother is safe."
The court said this while hearing a petition filed by a woman from Jammu through advocate Areeb Javed Kawoosa in which it was alleged that her 24-day-old daughter had been forcibly snatched by her in-laws. The court directed the Senior Superintendent of Police,(SSP), Srinagar, to take all necessary steps to ensure the child's recovery from her inlaws by 4.30 pm on Tuesday.
The court added that the SSP along with his team are authorized to raid any place and house where they have a doubt that the child has been detained or hidden. The court ordered the police team to take a magistrate along so that he would be available for legal formalities to deal with any situation.
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The court also directed the police team to seek assistance from a doctor from the Children's Hospital, Sonawar, Srinagar or any other hospital with them so that he will assess the child's health condition. Police were also asked to prepare a detailed report along with the medical report of the check-up. The court also asked the police team to record the exact time and place of the child's recovery and the condition in which she was kept.
The court also asked the team to contact the medical superintendent of Jawahar Lal Nehru Memorial Hospital (JLNM) Hospital, Rainawari and find out the baby's weight and her general health at the time of birth from hospital records. "What was the condition and comparatively assess whether she has gained or lost weight in general due to separation from her mother and lack of breast milk."
The court said doctors would advise the child to seek treatment for any illness or contractions during her separation from her mother. The court also said doctors could also recommend a minimum compensation to be paid in favour of the child's mother. After recovering the child and conducting a medical examination and fulfilling other requirements, the court asked SSP Srinagar to produce it before its Registrar Judicial so that the baby could be handed over to her mother.
