Excelsior Correspondent
SRINAGAR, Mar 31: High Court said that the purport of judicial orders suffers due to misinterpretation by the police and directed it to present the challan before the court of law with regard to alleged rape and molestation on a woman.
Justice Mokash Kazmi was dealing with a case of alleged rape and molestation of a woman by the petitioners whereby FIR was lodged by the concerned police station but no challan was produced since occurrence of incident by the police citing the High Court has passed order in this regard.
The Court had only directed the concerned police not to take any unwarranted coercive measures during the investigation of the case, against the applicants/petitioners.
“However, it does not, by any stretch of imagination, would mean that the petitioners, after having been named in the FIR, having allegedly committed one of the most heinous offences, would enjoy an absolute immunity to the course of law unjustifiably”, the court said.
The court after having regard to what has been discussed said the petition challenging the FIR is found to be without any merit, therefore dismissed it. The court vacated the interim direction dated 06.08.2025 and directed the police to present the challan before the competent court of law without any further delay.
“The Trial Court shall proceed ahead in the matter without getting influenced by any of the observations and/or findings recorded by this court in any way”, read the directions.
The court recorded that, on certain occasions, the purport of the judicial orders suffers due to inadvertent misinterpretation or incomplete understanding of court orders by the concerned police functionaries as has happened in the instant case.
The investigating agency court added, is reminded, in unequivocal terms, that the majesty of law admits no distinction based on the stature, influence, or standing of the accused, and it is therefore incumbent upon the police to always proceed and deal with the cases strictly in accordance with law, guided solely by evidence and fairness, uninfluenced by any extraneous considerations whatsoever.
The CD file produced by the police station Ram Munshi Bagh does not inspire confidence that the investigation has remained wholly insulated from extraneous considerations, and gives rise to a reasonable apprehension that factors other than the merits of the case, possibly including the stature of the accused, may have weighed in impeding a prompt and impartial course of action.
“Law does neither differentiate nor discriminate. Equality before law is not a mere constitutional slogan but a binding mandate, and any discernible hesitation in pursuing the matter with the promptitude it deserves inevitably invites the inference that the investigative agency has not remained entirely impervious to the standing or influence of the persons involved”, the court recorded.
The court further directed the instant judgment to be sent to the Director General of Police for information and necessary action at his end.
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