Excelsior Correspondent
JAMMU, Feb 20: In the much publicized Ch Nagar Singh CD row, Chief Judicial Magistrate (CJM) S R Gandhi today dropped proceedings against the then SSP Basant Rath and other police officers.
In the complaint, it has been submitted by Ch Nagar Singh, who is facing trial in Amandeep Singh murder case, that police officers namely Basant Rath, the then SSP Jammu, Mubassir Latifi, the then SP, Abdul Rouf Lone, Kamaljeet Singh and Hardeep Singh Gill subjected the complainant to unprecedented torture, both physical and mental while he was in custody of the police.
It has also been submitted that during custodial interrogation these police officers used vulgar, intimidating, abusive and uncivilized language against him and his family besides making video film to publicly defame the complainant by transmitting the film in the internet etc.
On the directions of CJM, Special Municipal Magistrate conducted enquiry in the matter and submitted report mentioning that the CD was genuine.
After going through the contents of the enquiry report, CJM observed, “in the considered opinion of the court alleged act of the accused persons was done while acting in discharge of their official duty though it was in excess of it but there is a reasonable connection between the act and the performance of their official duty hence they are protected by Section 197 CrPC”.
“It is not in dispute that the officers were the public servants and could not be removed from their office without the sanction of the Government. Admittedly the complainant has not obtained any sanction from the Government for prosecution of the police officers as such instant complaint cannot be proceeded further”, the Court said.
“It is also disclosed in the enquiry report that alleged officer Kamaljeet Singh was not the member of the SIT. In the complaint no specific allegations have been leveled against any officer. The allegations are common and generalized against all of them”, CJM said.
While referring various judgments of the Supreme Court and High Court, the CJM observed, “the proceedings of the instant complaint are dropped as the complaint suffers from fundamental legal defect and want of sanction”
Trending Now
E-Paper
Follow our WhatsApp channel