Court grants one day transitory remand of SI Sonu, PSO

By
Daily Excelsior
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Excelsior Correspondent
JAMMU, June 18: Vacation Sessions Judge Y P Bourney today granted one-day transitory remand of encounter specialist SI Shiv Krishan Sharma alias Sonu and his PSO Mohd Ayub with the direction to produce them before the competent Magistrate.
The order was passed in an application filed by DySP Koushal Kumar seeking judicial remand of  Shiv Krishan Sharma and Mohd Ayub, which was opposed by Advocate Parimoksh Seth appearing for the accused SI.
After hearing both the sides, Vacation Sessions Judge observed, “the accusations reflect that the alleged occurrence has taken place within the jurisdiction of Police Station Thathri. The application is presented before the Court on ground that it is only Principal Sessions Judge Jammu, who is authorized to try the offences under the Prevention of Suppression of Sabotage Act”.
“Trial is to be held by the Sessions Court specifically empowered as per the procedure prescribed under the Act. At the same time the other provisions of CrPC not inconsistent with the provisions of Act (supra) are made applicable mutatis mutandis”, the Court said, adding “there is no specific provision under the Act so reference is made to the provisions of Section 167 CrPC under which a Magistrate is competent to grant remand irrespective whether he has or has not got the jurisdiction to try or commit for trial”.
“However, in case he has no jurisdiction and considers further detention un-necessarily then he has to forward the accused to the Magistrate having jurisdiction after expiry of 15 days. Therefore, remand has to be granted by the Magistrate of the concerned area only”, the Court said.
With these observations, the application of remand was returned for presentation before the competent Magistrate. However, considering the request of IO that it would not be possible to produce the accused before the competent Magistrate today itself one day transitory remand was granted with the direction to produce the accused before the competent Magistrate.

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