Excelsior Correspondent
JAMMU, Nov 23: Additional Sessions Judge Jammu Tahir Khurshid Raina has issued a show cause notice to the District Magistrate Jammu to explain as to why contempt proceedings be not initiated against her for non-compliance of the order.
On November 5, 2019, the court of Additional Sessions Judge Jammu, while rejecting the remand application of Investigating Officer in NDPSA case, had directed District Magistrate Jammu to take action under law against Executive Magistrate Ist Class Jammu, who had granted first police remand of the accused to the IO in the case without following the mandate of law as given in the Code of Criminal Procedure.
Even SSP Jammu was directed to conduct an enquiry against the IO for displaying a casual conduct in the investigation of serious offences under NDPS Act. He was further directed to submit an Action Taken Report by or before next date of hearing.
When the case came up for hearing few days back, SSP Jammu through APP submitted an application and sought one month time to comply with the direction of the court on the ground that the officer of the rank of SP, who has been entrusted the enquiry into the matter, has gone out of the UT in connection with the treatment of his father so could not submit report well within the stipulated timeframe.
On the other hand, there was absolutely no report from the District Magistrate Jammu with regard to the direction of the court and the APP stated at bar that the order of the court was duly served upon the District Magistrate Jammu.
“In view of this, a show cause notice is issued to the District Magistrate Jammu to explain as to why contempt proceedings be not initiated against her for non-compliance of the order”, Additional Sessions Judge Jammu said, adding “this court can drawn satisfaction with regard to legality, correctness and propriety of any order passed by any Judicial or Executive Magistrate under its jurisdiction while examining any record of proceedings by virtue of its revisional jurisdiction as defined under the Code and same can be resorted to even suo moto as well”.
The court also directed SSP Jammu to hand over enquiry to any other senior officer, in case the officer whom he has enjoined enquiry has to remain out of the office for a time period more than a fortnight. “Let the needful be done within a fortnight”, the court further directed.
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