Excelsior Correspondent
SRINAGAR, Aug 8: The Chief Judicial Magistrate Srinagar today directed the Inspector General of Police Kashmir and Senior Superintendent of Police Srinagar to appear before the State High Court tomorrow to face contempt of court proceedings.
The two senior police officers are facing contempt of court as they failed to implement CJM Srinagar, Masarat Shaheen’s order to register a case against a police officer for his alleged involvement in the killing of a youth last month in Batamaloo area of Srinagar.
CJM directed both police officers to appear before the High Court tomorrow (August 9) for facing the contempt proceedings. The order was passed after they appeared before the court today and furnished the bail and personal bonds for an amount of Rupees one lakh each with surety of appearing before the HC tomorrow.
The CJM made reference to High Court for taking action under Contempt of Courts Act against SSP Srinagar and IGP Kashmir in order to get the orders of the Court implemented.
The CJM Srinagar said that the action of police is very unfortunate and orders of the Court which have been upheld by the High Court as well have been disobeyed willfully not only by SSP Srinagar but also by IGP Kashmir.
The Trial Court held the statement of facts filed by SSP Srinagar very casual and informal and it does not show any sufficient cause but complete disregard of the Court orders which was even upheld by the High Court of J&K.
“As SSP Srinagar Amit Kumar and IGP Kashmir Syed Javaid Mujtiba Geelani have disobeyed the court orders dated 18th of July, 28th of July and 6th of August 2016 willfully as such needs to be dealt under the Contempt of Courts Act”, reads the order.
Court said if the FIR is not lodged at an earliest there are apprehensions of destroying the evidence of the occurrence. “It is worthwhile to mention here that the matter relates to the commission of heinous cognizable offence in which time can destroy the evidence in case the FIR is not lodged at an earliest. It is also settled law that FIR has to be lodged as early as possible so that evidence cannot be destroyed and the evidence on the scene of occurrence does not get blemished”, CJM said in its order.
The CJM order says that police have right to challenge the High Court order before the Apex Court of the country but they can’t flout court orders. “Although a person is having a right to assail the order before the High Court or Supreme Court but that does not mean that a person is having a blank cheque to flout the orders of the Court”, reads the CJM order.
IGP Kashmir appeared before the court with SSP Srinagar today and filed the statement of facts wherein SSP Srinagar has claimed that FIR No. 89/2016 u/s 147,148,152,307,336,436 RPC stands registered before the police station Batamaloo with regard to the said incident. The investigation in compliance to directions of the Court vide its order dated 18.07.2016 was entrusted to Sajad Khaliq, Superintendent of Police City North Zone Srinagar with the direction to get the case investigated as directed by the Court in terms of order dated 18.07.2016.
“However order passed by the High Court dated 4th of August 2016 was examined by the Government and the Government has thought it advisable to assail the order of High Court before the Supreme Court of India by filing SLP and requisite sanction has been given by Department of Law, Justice Parliamentary Affairs Civil Secretariat Srinagar vide order LD(Lit)2016/55- Home-SC dated 06.08.2016”, reads the statement of police.
Reiterating its previous order, trial court said that IGP Kashmir was directed to lodge the FIR and file the copy of the FIR today before the court. “Today IGP Kashmir and also SSP Srinagar appeared before the court but both of them failed to obey the orders of the Court as they failed to lodge the FIR against DySP Yasir Qadri and other police personnel”, CJM said.
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