Excelsior Correspondent
Srinagar, May 31: High Court, while laying guidelines for complying with the directions passed by the trial court in the domestic violence case, today directed the protection officers to assist the Magistrates in discharge of his functions under Domestic Violence (DV) Act and implement the provisions of the Act effectively.
Justice Javed Iqbal Wani while going through the scheme of the Act, recorded that the Protection Officer from the Social Welfare Department is an important entity entrusted with specific duties and bound to discharge the same in tune with the aims and objectives of the Act.
“The Protection Officers, in essence, have to carry out the orders passed by the Magistrate under the Act. Though the Protection Officers ordinarily ought to have no difficulty in carrying out the order passed by the Magistrate under the Act, yet in view of the situation having been noticed in the instant case, a Protection Officer nominated for carrying out the aims and objects of the Act, has failed in discharge of his statutory functions envisaged under the Act despite the clear cut orders having been passed by the Magistrate”, Justice Iqbal noted while laying guidelines for the Protections Officers.
The court while dealing with a case of domestic violence said the Protection Officer in the instant case has miserably failed to carry out the directions of the Magistrate, compelling the petitioner-wife to approach this Court after having failed in her attempts to seek implementation of the orders from the Trial Magistrate.
“It shall neither be the duty of the Protection Officer nor his or her domain to undertake any mediation or conciliation once a Magistrate is seized of a domestic violence case. The Protection Officer has no mandate to undertake such an exercise. A Protection Officer is under a statutory duty to assist the Magistrate in discharge of his functions under the Act and to carry out directions and orders passed by such Magistrate under the Act”.
Court said in the event, a Protection Officer faces any difficulty in understanding purported spirit of a direction of the court or faces any other difficulty thereto, such Protection Officer shall approach the concerned Magistrate for clarification.
“The Magistrate should as far as practicable ensure the presence of the concerned Protection Officer while passing orders interim orders under the provisions of the Act and make the Protection Officer understand the nature of the order and the manner in which the same is to be executed. The Protection Officer should be made to understand his powers for effective implementation of the provisions of the Act as well as orders passed by the magistrate.”
Referring to the essence of DV Act court said it also provides for appointment of a Protection Officer for providing assistance to the woman and aggrieved person with respect to her medical examination or obtaining legal aid, safe shelter etc. fundamentally to assist the Magistrate in discharge of his functions under the Act. The Protection Officer, court added, has been put in the control and supervision of the Magistrate and had to perform the duties imposed on him by the Magistrate and by or under the Act.
Court closed the case as nothing survived therein for further adjudication in view of the compliance of the orders of the Court below, yet having regard to the facts and circumstances of the case, whereunder the petitioner-wife had been compelled to seek enforcement and implementation of the orders passed by the Court below through the intervention of this Court on account of casual and lackadaisical approach of the nominated Protection Officer in carrying out the directions passed by the Court below, Court felt it desirable to lay down certain guidelines in the matter in respect of the Protection Officers.
The aggrieved petitioner approached the High Court for compliance of the orders of the Court of 2nd Additional Munsiff (JMIC), Srinagar, wherein the court below had passed an order on 16.08.2021, directing the husband of the petitioner to pay an amount of Rs. 5000 and Rs. 3000 per month to the petitioner and the minor son respectively besides paying the education expenses of the child.
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