Missing Of 12 Year Old Boy From Madrassa: Supreme Court Issues Notice On Plea By Mother Seeking Independent Probe

The High Court while relying on the FSL report, ordered that since the petitioner's missing son was no longer alive, the writ of Habeas Corpus petition cannot be issued by the Court.

The petitioner, represented by Advocate Khaja Aijazuddin, has alleged that the High Court had passed the impugned order on the basis of an incorrect assumption by relying on the FSL report as the dead body did not belonged to her son.

Petitioner submitted that Telangana High Court was passed on an "incorrect assumption" based on a fabricated FSL report as the dead body so found did not belong to her kidnapped son.

Therefore, the petitioner approached the Supreme Court seeking reinvestigation in the matter by an independent specialized agency like CBI and to trace the details of her missing son.

BACKGROUND OF THE PETITION

The petitioner's son, aged about 12 years, was kidnapped in 2018 by unknown persons from a Madarsa in Dabeerpura Area in Hyderabad. An unknown dead body of a 20 year old male was later found by the police and a post mortem was conducted. The dead body was later buried in a graveyard.

The primary contention of the petitioner is that the order of the Telangana High Court was passed on an "incorrect assumption" based on a fabricated FSL report as the dead body so found did not belong to her kidnapped son.

According to the petitioner, her son was 12 years old with a height less than 4.5 ft whereas the FSL report concluded that the bones of the dead body belonged to a person of 20 years of age with a height of more than 5 ft.

"The alleged FSL report contradicts the post-mortem report, FIR, photographs of dead body, oral evidence of the petitioner and her husband and appears to have been stage-managed by the police in order to close the case." The petition states.

The petitioner also states that the HC misdirected itself by relying only on the FSL report without taking into consideration the oral, documentary and scientific evidence (post mortem report) which directly raise a strong suspicion on the genuineness of the FSL report.

Furthermore, the petition states that the post mortem report is a genuine piece of evidence as it is prepared by the doctor getting the opportunity of examining the dead body and who, in the instant case, observed the dead body to be of a 20 year old male.

It was also submitted that the family of the petitioner became aware of the FSL report and closure of the case only after the police filed a counter affidavit in the HC and therefore, the decision of the High Court to dismiss the petition without taking into account other facts and rebuttal of petitioner was wrong.

In light of the above-mentioned facts, the petitioner seeks reinvestigation by an independent agency like CBI to examine the matter of fabricated FSL report and also to trace her missing son, which the police authorities have declared to be dead.

The petition also states that the petitioner and her husband have been undergoing intense mental agony on the account of improper investigation by State police.

QUESTIONS OF LAW

1. Whether the HC misdirected itself in relying only on the FSL report when the oral, documentary and other scientific evidence raise a strong suspicion and question the reliability and genuineness of the said FSL report?
2. Whether the FSL report is fake, fabricated and stage managed by the police?
3. Whether the HC before passing the impugned order ought to have considered that neither the dead body is handed over to the relatives nor were the relatives informed about the FSL report by the IO or the CCTV footage and/or other attending circumstances by the investigating officer including the exhumation of said dead body any time prior to filing of the counter affidavit by the police before the HC?
4. Whether the HC has failed to appreciate the travesty and mockery of justice caused to the petitioner and her family in the facts and circumstances of the case?

PRAYER OF THE PETITIONER

1. To direct an independent specialized agency like CBI to investigate the case of fabricated FSL report and tracing her missing son.
2. To direct such agency to exhume the dead body of unknown male buried in the graveyard and get it forensically tested with the petitioner of her husband by CFSL or any other forensic laboratory outside Telangana state.
3. Pass any other order as the Court may deem fit.