The bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud asked the J&K government to file its response by August 27 as it directed the next hearing of the matter on August 29.
The court sought J&K's response after senior counsel Indira Jaising told the court about the torture suffered by Talib Hussain.
Police had arrested Hussain following an FIR against him in the rape case. He is facing allegation of rape by his sister-in-law.
In the last hearing of the matter on August 8, the top court had sought response from the state government on a petition moved by Talib Hussain's cousin Mumtaz Ahmed Khan who had moved habeas corpus petition seeking the production of Hussain in the court.
Mumtaz Ahmed Khan had contended that Talib Hussain, an activist, was being singled out as he had led the public campaign for justice for the Kathua victim.
While seeking response from the state government, the court in the last hearing had also sought assistance of the Advocate General of Jammu and Kashmir.
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