Excelsior Correspondent
SRINAGAR, June 28: High Court issued notice of explanation to Judicial Magistrate Sanku, Chief Judicial Magistrate Kargil and Station House Officer Zanskar for violating the court order.
The petitioner Abdul Aziz has agitated before the court that despite on bail from the court, Police arrested him and produced before the Trial Magistrates who after knowing that the petitioner is on bail have remanded him to police custody in violation of High Court order.
The accused-Aziz was produced before the court of Judicial Magistrate, Ist. Class, Sanku and the Magistrate remanded him to the police custody though the counsel representing him stated before the court that the petitioner has been admitted to interim bail by the High Court.
He was thereafter produced before the Chief Judicial Magistrate, Kargil and was again remanded to the police custody by the Chief Judicial Magistrate, Kargil.
“Since the officers have violated the order of this court, therefore, at the first instance it shall be expedient to issue a notice to them to explain their position by or before the next date of hearing. Registrar Judicial shall do the needful as directed”, Justice Hanjura ordered.
In the meantime, court, taking into consideration his fresh bail application, directed that he shall be released from custody forthwith on his executing a personal bond to the tune of Rs.40,000 with a surety of the like amount to the satisfaction of concerned where he is lodged at the moment.
Court said, the most important facet of the case which cannot be lost sight of is that the SHO P/S Zanaksar, the Judicial Magistrate, Sanku and the Chief Judicial Magistrate Kargil have violated the order of this court with impunity as also the SHO concerned has misinterpreted the order of this court in arresting the petitioner and the Magistrates concerned have also toed the same line in remanding him the police custody.
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