The Jammu & Kashmir and Ladakh High Court has directed the filing of a criminal complaint against Tassadaq Hussain after a prolonged habeas corpus proceeding concerning his alleged daughter, Shabeena Kouser, was found unsupported by official inquiries.
Justice Sanjay Dhar recorded that Hussain had approached the Court claiming that Shabeena Kouser was his daughter and had been taken away by police officials. The subsequent inquiries, however, found no record of such a daughter.
Background
According to the petition, Hussain alleged that police officials had entered his house on June 21, 2023 and taken away his daughter to an unknown place. He sought her production before the High Court, claiming that she was being wrongfully confined.
The police denied the allegation. A status report stated that police officials had not visited Hussain’s residence on the earlier dates alleged by him and that the June 21 visit was connected with the investigation of another FIR. The police also reported that there was no record establishing Shabeena Kouser as Hussain’s daughter.
The High Court subsequently required Hussain to produce documents and identification material concerning Shabeena Kouser. Although documents were later supplied, police verification continued to indicate that Hussain had no daughter by that name. Reports from local officials also did not support the existence of such a daughter.
The Court directed further inquiries, including one by the Chief Judicial Magistrate, Rajouri. The inquiry report dated May 28, 2025 concluded that Hussain had no daughter named Shabeena Kouser and recorded the finding that the character had been created as a fictitious or non-existent entity.
Hussain was given an opportunity to challenge the inquiry findings. He subsequently filed objections, but later stopped appearing in the proceedings. On April 9, 2026, the High Court dismissed the habeas corpus petition while keeping the matter alive concerning possible legal proceedings for perjury.
The High Court observed that the material before it showed that Hussain had provided information that was not supported by the inquiry and had also sworn affidavits during the proceedings.
The Court stated:
"Thus, petitioner, Tassadaq Hussain, not only misled the police authorities but he had the audacity to mislead the highest constitutional Court of the Union Territory 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 further noted that the conduct attracted provisions of the Bharatiya Nyaya Sanhita (BNS), including Sections 216, 217, 227, 229, 233, 236 and 237. It also referred to Section 215 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which prescribes the procedure for prosecution of specified offences committed in relation to court proceedings.
In view of the legal position, Justice Sanjay Dhar directed that a complaint be filed against Tassadaq Hussain before the Chief Judicial Magistrate, Jammu. The Registrar Judicial, Jammu, was authorised to file the complaint on behalf of the High Court and to annex the relevant documents with it.
The Court thereafter closed the proceedings in the petition.
Case Details:
Case Title: Shabeena Kouser through Tassadaq Hussain v. UT of J&K and Others
Case Number: HCP No. 61/2023
Judge: Justice Sanjay Dhar
Decision Date: 17 September 2026
