Excelsior Correspondent
SRINAGAR, Aug 1: Taking serious note of lackadaisical approach with regard to production of under trial facing murder case before the court, 2nd Additional Sessions Judge Srinagar Tahir Khurshid Raina has issued show cause notice to SSP Udhampur and Superintendent District Jail Udhampur.
In this case, the trial is pending for the last more than 10 years and under trial Mohd Ali alias Qasim was last brought before the court from Central Jail Srinagar on December 20, 2017.
On February 24, 2018 the warrant with regard to production of under trial was issued and prosecution was asked to convey the direction to the concerned authorities, 2nd Additional Sessions Judge observed, adding “since then eight dates have lapsed which are expanding on around 6 months but accused has not been produced and even no adjournment motion has come before the court from the prosecution with regard to non production of the accused”.
It was only on June 25, 2018, Additional Public Prosecutor produced an adjournment motion with regard to non production of the accused. On July 21, 2018 taking the matter seriously the court had directed the prosecution to convey the serious concern with regard to the non-production of accused especially to the SSP Udhampur who has to provide the security paraphernalia to the jail authorities for production of the under trial before the court.
It was further mentioned in the order that in case of non-production of accused on the next date proper proceedings will be initiated.
“Even today no adjournment motion was made by the Additional Public Prosecutor and on the other hand the counsel for the defence has raised serious concern over the non-production of the under trial and he has even made a statement that he is withdrawing himself from the case”, 2nd Additional Sessions Judge observed, adding “the prayer of defence counsel is accepted but this court cannot act mute spectator to the illegality being committed by the authorities responsible for production of the under trial”.
Keeping in view the prima facie lackadaisical approach of the authorities and their scant respect to the mandate of the Division Bench of the High Court, the court put SSP Udhampur as well as Superintendent Jail Udhampur on show cause notice that why action under law may not be taken against them for flagrant violation of the order of the court.
They have been directed to submit their replies on or before the next date of hearing—August 9, 2018. The court also issued fresh warrants to prosecution for production of under trial from District Jail Udhampur.
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