* Seeks explanation on escort vehicles
Mohinder Verma
JAMMU, Dec 26: Linking removal of black films, tinted glasses and other material from the vehicles with the safety of female passengers and eradication of menace of eve-teasing/sexual harassment, the Division Bench of State High Court comprising Chief Justice, M M Kumar and Justice Hasnain Massodi has made it clear that top brass of the Jammu and Kashmir Police would be personally responsible for any lapse in the implementation of Supreme Court and State High Court directions in this regard.
In a detailed order written by the Chief Justice M M Kumar in a Public Interest Litigation (PIL) titled Dr Davinder Singh Jasrotia and Others Versus State of J&K and Others, the Division Bench said, “the matter of removal of black films and tinted glasses is closely connected with the safety of female passengers to completely eradicate the menace of eve-teasing”.
“Advocate Rohit Kapoor, counsel for the petitioners, has argued that the vehicle with tinted glasses, black films and curtains are found to be plying in Jammu in gross violation of the directions issued by the State High Court based on the judgement in Avishek Goenka’s case. He has also placed on record a list of more than 300 vehicles along with some of the photographs”, the DB said, adding “we reiterate the directions issued in the orders dated March 27, 2012 and other orders passed till date”.
The DB further said: “The specific registration numbers mentioned in the application reveal that no adequate efforts are being made by the respondents. Let us make it clear that if the authorities continue to fail in their duties, strict action would be initiated. It may be true that the senior officers have issued directions but simple initiation may not be sufficient to achieve the desired results. It may require continuous seeking of report from the executive staff at the ground level for effective implementation of the directions”.
“If any officer entrusted with the duty to execute the orders and the directions issued by this court fails to do so or violates the directions for some extraneous consideration then the respondents are not without power to initiate appropriate proceedings and they don’t need any liberty from the courts for taking any action against such persons”, the order said.
Stating that directions issued by the Supreme Court as well as State High Court have to be complied with in letter and spirit, the DB said, “in case complaints of same nature as have been furnished to us are received in future then we would be constrained to hold the top brass of the State Police personally responsible for such a lapse as has been desired by the Supreme Court”.
Pointing towards the arguments of Advocate Kapoor that several escort vehicles were plying without registration number and how such vehicles would be identified in case of hit and run case, the DB said, “some explanation needs to be offered with this issue also”.
Taking serious note of plying of tractor trolleys in Jammu city in violation of the High Court directions, the DB expressed surprise as to how a traffic police officer can make entry on the blog mentioning that the order to ban tractor trolleys has been kept in abeyance by the Special Additional Mobile Magistrate. “We call upon the officer to file a specific affidavit with regard to the entry made on the blog involving the decision taken by the Special Additional Mobile Magistrate and to disclose the communication to which reference has been made”, the DB said.
About the issued raised by Advocate General that the residents of far flung areas were facing difficulty in getting their impounded vehicles released as the applications for release of such vehicles are competent in the Jammu Wing of the High Court, the DB said, “we grant liberty to such applicants to present their applications before Registrar Judicial, Srinagar Wing, who will transmit the same to the Jammu Wing for placing the same before the appropriate bench”.
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