Possible Criminal Racket Luring Young Girls Through Self-Proclaimed Peers And Tantriks Must Be Examined: J&K High Court Orders Wider Judicial Scrutiny

The High Court of Jammu & Kashmir and Ladakh at Srinagar recently observed that timely judicial intervention prevented the life of a 19-year-old girl from “going astray,” while raising serious concerns about possible predatory practices targeting vulnerable young women through religious intermediaries and other actors.

Justice Rahul Bharti, exercising jurisdiction under Article 226 of the Constitution of India, in the case of Sania Nazir & Another v. Union Territory of J&K and Others, ordered that the custody of the 19-year-old petitioner be restored to her mother. However, the Court refused to treat the case as a routine custody matter and decided to continue the proceedings suo motu to examine larger societal and legal concerns surrounding the alleged exploitation of vulnerable girls.

“This Case Has Far-Reaching Legal Implications” – Court Refuses To Treat Matter As Routine Custody Dispute

At the outset of the proceedings, the Court noted that the petitioner, a 19-year-old girl, was produced before the Court from the Open Shelter for Girls, Srinagar, accompanied by a social worker and police personnel. Her mother also appeared before the Court and acknowledged that parental vigilance had lapsed, resulting in the circumstances that led to the case.

Justice Rahul Bharti emphasised that the matter could not be treated as a mere procedural exercise of restoring custody.

The Court observed:

“This case has far reaching legal implications which need to be fully attended to and addressed by this Court rather than treating it as a one-off case and dispose it like a mere ritual of restoring the custody.”

Recognising broader concerns, the Court directed that the proceedings shall continue suo motu to examine systemic issues revealed by the case.

Court Flags Possible Predatory Practices Targeting Vulnerable Girls

One of the central concerns raised by the Court related to the alleged involvement of religious intermediaries and self-proclaimed spiritual figures in influencing or luring young girls.

Referring to an alleged Nikahnama dated 14.11.2025 produced before the Court, Justice Bharti noted that the role of the religious preacher or “moulvi” involved in the matter required deeper scrutiny.

The Court remarked:

“The role of the religious preacher/moulvi… needs to be thoroughly scanned as to whether there is a criminal racket going on with respect to alluring young and gullible girls… by self-proclaimed peers and tantriks having a predatory presence in society.”

The Court particularly highlighted that young girls in rural areas may be more vulnerable to such exploitation, necessitating judicial scrutiny beyond the individual dispute.

Sealed Reports Reveal Disturbing Circumstances

During the proceedings, the Court received sealed cover reports from a social worker at the Open Shelter for Girls and from the SHO of Police Station Shaheedgung, Srinagar.

The Court noted that the social worker’s report regarding the condition and circumstances of the girl “did not make a happy reading.”

Justice Bharti also placed on record appreciation for the efforts of the social worker, acknowledging her “painstaking involvement” and the detailed report submitted to assist the Court.

Custody Restored To Mother With Police Assistance

While continuing the broader inquiry, the Court directed that the custody of the 19-year-old petitioner be restored to her mother immediately.

To ensure safe travel back to their native place, the Court issued specific directions to the police:

The ASI from Women Police Station, Rambagh, who brought the girl to court, was directed to escort the mother and daughter to public transport and record the vehicle number and driver’s contact details, ensuring verifiable proof of their movement to their hometown.

Advocate’s Role Under Judicial Scrutiny

In a significant development, the Court also directed issuance of notice to Advocate Zafar Iqbal, who had filed the petition on behalf of the petitioners.

Justice Bharti observed that the advocate’s role required scrutiny in light of the circumstances surrounding the case.

The Court directed the Registrar Judicial to ensure service of notice and secure the advocate’s personal appearance, warning that:

“In the event of evasion or avoidance of service of notice… this Court shall be constrained to take coercive measures for securing his presence.”

Amicus Curiae Appointed To Examine Wider Issues

Recognising that the case raised broader social and legal questions concerning the safety of vulnerable young women, the Court appointed Advocate Sehreen Zehra as Amicus Curiae.

The amicus was tasked with assisting the Court in examining systemic issues relating to the protection and security of young girls, especially those from rural backgrounds.

Additionally, the social worker from the Open Shelter for Girls was requested to assist the amicus in the proceedings.

Counselling And Protection Directions Issued

To address the immediate welfare of the girl, the Court also issued protective and rehabilitative directions.

The One Stop Centre authorities at Bandipora were directed to arrange psychological counselling for the girl and her mother with the help of a trained psychologist.

Further, the Senior Superintendent of Police (SSP), Bandipora, was directed to ensure complete safety and security of the girl and her mother, particularly to prevent any intimidation or harm from the other petitioner or his associates.

Decision Of The Court

The High Court restored custody of the petitioner to her mother, directed authorities to ensure safe return and provide counselling support, and initiated suo motu proceedings to examine broader issues of exploitation and systemic safeguards for vulnerable girls.

The Court also appointed an amicus curiae, issued notice to the concerned advocate for personal appearance, and directed police protection for the petitioner and her mother.

The judgment highlights the proactive role of constitutional courts in safeguarding vulnerable individuals, particularly young women who may fall prey to manipulation or exploitation. By converting the matter into continuing proceedings, the High Court signalled its intent to address larger societal concerns relating to predatory practices, legal accountability, and institutional safeguards for young girls.

Date of Decision: 20 February 2026