*Notices to CS, DGP, IGP; SHO asked to appear in person
Mohinder Verma
JAMMU, Dec 18: Taking serious note of registration of FIR against Mobile Magistrate in the much-publicized Sopore ambulance halt case without the prior permission of the Chief Justice, Special Division Bench of the State High Court today came down heavily on the State Police for blatantly flouting the guidelines issued by the Supreme Court of India on the subject and applicable to all the States. The DB has issued notices to State through Chief Secretary, Director General of State Police, IGP Kashmir Zone and SHO Police Station Sopore and directed the concerned SHO to be present in the court on next date of hearing along with the case diary and explanation.
The Special Division Bench comprising Justice Mohd Yaqoob Mir and Justice B L Bhat was hearing the petition filed by two practising lawyers of Jammu challenging the registration of FIR against the Mobile Magistrate on the ground that the member of Subordinate Judiciary was booked vide FIR No. 249/2013 without following the due course of law and in blatant violation of the Supreme Court guidelines.
When the petition came up for hearing, Advocate Rohit Kapoor along with Advocate Nadia Qadeer appearing for the petitioners—Rajnish Raina and Prem Sadotra, submitted that the act of the police was a direct interference and blitzkrieg in the independence of judiciary and administration of justice. “Registration of FIR against the judicial officer of the State is in gross violation of the guidelines issued by the Supreme Court of India”, Advocate Rohit Kapoor said.
“Admittedly, no person whatever his rank or designation may be, is above the law and he must face the penal consequences of infraction of criminal law. The petition is merely to ensure due compliance of law while dealing with the judicial officers”, he said while pointing towards the Apex Court guidelines. He said that copies of these guidelines have already been forwarded to the Chief Secretaries of all the State Governments for bringing to the notice of the concerned officers for compliance. “The guidelines state that if this practice and tendency is allowed to grow it would result in serious erosion in rule of law”, Advocate Kapoor said.
He also drew the attention of the Division Bench towards the judgment passed by the Apex Court of the country in case titled UP Judicial Officers’ Association Versus Union of India whereby the Supreme Court has stated that no crime for investigation should be registered pursuant to any FIR without the permission of the Chief Justice of the concerned High Court.
“In registration of FIR No.249/2013, none of the guidelines were followed by the concerned Police Officer despite having knowledge of these guidelines. No permission as mandated in the Supreme Court judgment was taken by the police authorities and they are investigating the case on the basis of FIR that could not have been registered without prior permission of Chief Justice”, Advocate Kapoor further submitted, adding “conduct of police officers amounts to criminal contempt as their action lowered the authority of the Magistrate and it further caused interference with the administration of justice”.
When the DB sought the response from the Senior Additional Advocate General, Gagan Basotra, who was appearing for the State, he stated: “Legally they (police) should have sought permission of Chief Justice”.
On this Division Bench, in the open court, remarked, “this is highhandedness on the part of police. This amounts to interference in the independence of the judiciary. It seems that the concerned authorities are not taking the orders of the judiciary seriously”, adding “the law is well established that permission of the Chief Justice was required to be taken before registration of FIR, which has not been done in the instant case”.
While coming down heavily on the police for blatant violation of Supreme Court directions/guidelines, Division Bench issued notice to State through Chief Secretary, DGP, IGP Kashmir Zone and SHO Police Station Sopore. The notices were accepted by Senior AAG Gagan Basotra.
The DB, while restraining police from carrying out further exercise in the FIR, directed the SHO Police Station Sopore to appear in person before the court on next date of hearing along with the record and explanation vis-à-vis why permission of Chief Justice was not sought before registration of case against the Mobile Magistrate. Keeping in view the urgency involved, the DB directed the Registry to list PIL on December 26, 2013.
Follow our WhatsApp channel