Excelsior Correspondent
Srinagar, May 30: High Court has upheld the decision of authorities for not appointing petitioner as Special Police Officer (SPO) in the Police Department in view of his criminal record.
Justice Sanjay Dhar has dismissed the plea of aggrieved petitioner-Parvaiz Ahmad Dar challenging the decision of authorities whereby he was denied engagement as SPO in the Police Department despite of making selection on the post by the person.
The person is involved in criminal activities and the law enforcement agencies had to resort to stringent measures like preventive detention to deter him from indulging in subversive activities, cannot be, by any stretch of reasoning, suitable and appropriate for being appointed as a member of the police force. Therefore, the decision of the respondents not to issue an engagement order in favour of Dar does not deserve to be interfered with by this Court,” Justice Dhar said.
Court said the J&K has been facing the scourge of terrorism and militancy for the last 35 years which is being fought at various levels by the police and the security forces and if the people who have doubtful credentials and have indulged in launching attacks on security forces and police in the previous past, are inducted in police force, the same would result in compromising the security of innocent people of this Union Territory.
“Therefore, the decision of respondents in not issuing the engagement order in favour of the petitioner cannot be termed either illegal or irrational”, read the judgment.
The authorities during verification of the petitioner with regard to character antecedents of the selected candidates with CID Headquarters, J&K, along with the petitioner, it was intimated that the he is involved in case FIR No.66/2018 for offences under Section 147, 148, 149, 336, 341, 427, 332 and 307 of RPC registered with Police Station, Bijbehara, and the challan in respect of the FIR stands laid before the Court of Judicial Magistrate, 1st Class, Bijbehara, on 16.03.2020 and after the report relating to character antecedents of the petitioner, the respondent-authorities did not issue engagement order in his favour.
Dar challenged the action of the respondents on the grounds that once after undergoing selection process, he has been selected by the respondents, the engagement order in his favour cannot be withheld by the respondents.
“That apart, if we have a look at the allegations made in the challan arising out of FIR No.66/2018, the same are very serious in nature. As per the allegations made in the challan, on 08.05.2018, he along with co-accused is alleged to have raised slogans on National Highway, pelted stones on the vehicles plying on the road and launched an attack on CRPF personnel which resulted in injuries to one of the CRPF constables. It is also alleged that the petitioner along with co-accused was enforcing a bandh”, Justice Dhar said.
Dar is alleged to have been involved in an incident dated 25th May, 2018, in which he, along with his associates, was found armed with stones, lathies and petrol bombs and they had launched an attack on police and security personnel. It seems that the detaining authority found the activities of the petitioner prejudicial to the maintenance of public order and, accordingly, he was detained under Public Safety Act.
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