J&K High Court orders action against man who wasted court's time with plea to trace non-existent daughter

The Jammu and Kashmir High Court recently ordered that a criminal complaint be filed against a man who was found to have approached the Court in 2023 with a plea to trace the whereabouts of a daughter who did not exist.

An inquiry carried on the High Court's directions by the Chief Judicial Magistrate (CJM) at Rajouri found that the petitioner had created a fictitious daughter and accused others of confining her only to harass them and satisfy his ego and frustration.

Whereas the petitioner was given several opportunities to explain his conduct, he was not able to provide any proof that the daughter he referred to in his petition was real.

The petitioner, as well as his lawyer, eventually stopped appearing in the case altogether.

In an order passed on September 17, Justice Sanjay Dhar observed that the petitioner had given false information not only before the police but also before the High Court, and had engaged a constitutional Court in frivolous proceedings for more than three years.

"Petitioner, Tassadaq Hussain, not only misled the police authorities but he had the audacity to mislead the highest constitutional Court of the UT of J&K and Ladakh by engaging the Court in these frivolous proceedings for more than three years, thereby wasting the precious judicial time of this Court,“ the Court observed.

The Court added that the petitioner's conduct appeared to constitute criminal offences such as giving false statements on oath and to public authorities and giving false evidence, which are dealt with under Sections 216, 217, 227, 229, 233, 236 and 237 of the Bharatiya Nyaya Sanhita, 2023 (BNS).

"Such elements need to be taught a lesson so that similar acts are not repeated in future ... He deserves to be prosecuted in accordance with law," the Court said.

For this purpose, the Court proceeded to order its Registrar (Judicial) at Jammu to file a complaint against the petitioner before the CJM at Jammu.

The matter concerned Rajouri resident Tassadaq Hussain, who had in 2023 approached the High Court claiming that his daughter, Shabeena Kouser, had been taken away by police officials and was being kept in wrongful confinement.

He claimed that his daughter was taken away in June 2023, after the police visited his residence along with a person with whom he had been embroiled in some legal disputes.

The police said that they had visited his residence in connection with a criminal case registered against Hussain over some missing goats.

Hussain, meanwhile, claimed that this FIR was lodged in retaliation to a criminal trespass complaint he filed against others and in order to pressure him in connection with a pending civil dispute.

The police, however, denied having forcibly taken away Shabeena Kouser. They said that they had visited Hussain's residence in June only in connection with the FIR against him.

The police further stated that there was no record showing Shabeena Kouser to be the daughter of Hussain.

The High Court subsequently directed Hussain to produce documents, including a photograph, to identify Shabeena Kouser. Although some documents were subsequently supplied, a Government Advocate informed the Court that police verification showed that Hussain had no daughter by the name of Shabeena Kouser.

Reports submitted by a Block Medical Officer, village heads, and a District Development Council representative also supported the police's claim that Hussain did not have any daughter by the name of Shabeena Kouser.

The Court also eventually sought counter-verification from the Deputy Commissioner at 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 habeas corpus petition. However, the proceedings were kept alive for initiating appropriate legal proceedings against Hussain for allegedly resorting to perjury.

In its latest order, the Court has now ordered the filing of a criminal complaint against him.

Government Advocate Bhanu Jasrotia represented the Jammu and Kashmir government.

[Read Order]