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Rizwana, the wife of Azam Khan, aged 36, filed a petition alleging thather husband was subjected to torture by Udaipur Policebefore being taken to Mumbai for his deposition in fake encounter case of Sohrabuddin before Special CBI Court. The petitioner stated that the Udaipur police tortured her husband and the same is the reason behind his inability to state all the facts. According to her, Abdul Rehman, who is the accused in the instant case and a former inspector of Rajasthan Police, threatened her husband to make deposition as per his instructions.
The petitioner said that Azam Khan was kept in a hotel in Syed Kazi Street, Mumbai, and subsequently, the accused came in a black SUV along with Udaipur Police officials. The petitioner’s husband was made to sit in a car with the accused and was threatened by the latter to depose as per his instructions, otherwise, he would be implicated in false cases and face grave consequences.
According to the petition, the intimidation started on 7 June2018 when the petitioner’s husband along with his brothers and uncles were picked by the Udaipur Police; however, the intimidation extended to the petitioner’s mother-in-law who was told that Azam Khan and others would not be freed, unless Khan testified in court as per their instructions. Within 4 days from the date of intimidation, the petitioner’s mother-in-law filed an application against these police officers under Section 342 of IPC. Consequently, Azam Khan’s brothers and uncles were freed and they divulged that police had tortured them for seven days; and forced them to sign on the statements fabricated by the police to evidence that they had gone to Ajmer Sharif dargah without the knowledge of family members.
Upon being asked about whether the petitioner was tortured by the Udaipur police, she told that she was stopped by three anonymous persons on October 01, 2018, and taken to a white luxury car wherein a person wearing white clothes was sitting in the back. He said the petitioner that she would face the same fate as Kausar Bi and her husband would face severe consequences than Sohrabuddin and Prajapati if her husband does not testify as instructed. Having been struck by fear, the petitioner wrote a letter after five days on October 06 to the Chief Justice of India, Chief Justices of High Courts in Rajasthan and Bombay, NHRC and NCW.
Later on, October 12, 2018, Udaipur Police, accompanied by Harinder Singh Soda who is in-charge of Bhupalpura Station, arrested Azam Khan in Delhi. When the petitioner went to the Police Station seeking to meet and speak with her husband, Soda pulled by her hair, beat her up and put her in the locker next to her husband’s. She was dispossessed of her phone and detained for 4-5 hours and was also booked under S.107 r.w. 151 of Cr.P.C for breach of peace. She also alleged that Soda said some 50 police personnel to torture her husband relentlessly on October 13, 2018, and according to her, this became evident when her husband showed her the injuries caused to him in the magistrate’s court on October 18, 2018.
In the instant petition, a writ of mandamus is sought for the appointment of another Special Public Prosecutor to scrutinize the evidence presented by the prosecution already, or a writ of mandamus to be issued to the Director of Prosecution to submit a report detailing the conduct of the prosecution in the said case. Additionally, the petitioner sought witness protection for her husband and all material witness in the case to be recalled.
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