Excelsior Correspondent
JAMMU, Mar 28: In a Public Interest Litigation (PIL) filed against registration of FIR against a judicial officer without adhering to the guidelines of the Supreme Court, Special Division Bench of State High Court comprising Justice Muzaffar Hussain Attar and Justice Tashi Rabstan today directed SP Kulgam to appear in person on next date of hearing.
After hearing Advocate Rohit Kapoor with Advocate Nadia Qadir for the PIL whereas Senior AAG Gagan Basotra for the State, the Special DB observed, “IGP Kashmir has already expressed remorse and tendered unqualified apology, which has been accepted by this court”, adding “SP Kulgam has tendered unconditional and unqualified apology for issuing letter dated January 1, 2014 with affidavit”.
“In our constitution philosophy, the institution of judiciary occupies central place and the judiciary of our country is charged with the duty of enforcing the constitutional rights available to the citizens and besides, it is also charged with the sacred duty of protecting the rights of the people”, Special DB said, adding “independence of judiciary in our constitutional scheme is of fundamental importance and any effort to either scuttle or abridge independence of the judiciary/or any assault from any authority would tantamount to an assault on very foundation on the constitution itself”.
The Special DB further said, “the judiciary is performing the balancing act between other two organs of the state, viz. legislature and executive. All the authorities are, thus duty bound to protect and preserve the independence of judiciary”, adding “SP Kulgam cannot be said to be ignorant of the basic fundamentals of law and it would require explaining by him as to why the guidelines of Supreme Court were not circulated by him. Besides this, prima-facie of the communication is sufficient to initiate proceedings against the officer for having committed contempt of court”.
At this stage, Senior AAG Gagan Basotra submitted the copy of order passed by CJM Sopore on an application filed by SHO Sopore wherein he had sought cancellation of FIR No 249/2013 in terms of Rule 567 of Police Rules in which CJM had allowed the application.
On this, Division Bench issued directions to streamline the guidelines/observations of Supreme Court and directed State Home Secretary to file an affidavit within two weeks placing on record copy of the guidelines circulated to all the police officers of the State.
The Special DB also directed IG Kashmir to withdraw the communication issued by SP Kulgam forthwith and issued show cause notice to SP Kulgam as to why contempt proceedings be not initiated against him for issuing a communication and he shall remain present in the court on next date of hearing.
Follow our WhatsApp channel