Mohinder Verma
JAMMU, Dec 26: Special Division Bench of the State High Court comprising Justice Mohd Yaqoob Mir and Justice B L Bhat today warned the police officers of the criminal contempt proceedings for violating the Supreme Court directions vis-à-vis registration of FIR against Judicial Magistrate. The DB also directed the Director General of Police (DGP) to ensure circulation of Apex Court directives to all the ranks of police officers so that everybody acts with due care and caution in future.
When the petition challenging the registration of FIR against the Mobile Magistrate in the much-publicized Sopore ambulance halt case without seeking the permission of Chief Justice came up for hearing, Advocate Rohit Kapoor along with Advocate Nadia Qadeer, who were appearing for the petitioners, pointed out, “the FIR is still subsisting and this amounts to criminal contempt of the court”.
“The police officers including the SHO are the guilty of criminal contempt under the J&K Contempt of Courts Act”, Advocate Rohit said while quoting several sections of the Act. He even drew the attention of the Division Bench towards the statement of the Bar Association of Baramulla whereby it was mentioned that police filed FIR against Mobile Magistrate under the political pressure.
On this, the Special Division Bench remarked in the open court, “Mr Kapoor is absolutely right. Prima-facie SHO is the guilty of criminal contempt of court and other officers guilty of civil contempt”, adding “the act of the SHO can make him face disciplinary action as he has acted in casual and irresponsible manner and in blatant disregard to the directions of the Apex Court”.
Warning police officers of the criminal contempt proceedings, the DB said, “it is a matter of concern that the respondents are ignorant about the directions of the Apex Court, which were passed way back in 1994 in UP Judicial Officers Association Versus Union of India case”.
“This is not a case to defend the Magistrate as nobody is above the law. But this is a case of strictly following the Apex Court guidelines for the independence of judiciary and administration of justice”, the DB said.
When the Senior Additional Advocate, Gagan Basotra stated that situation was such that FIR had to be lodged, the DB remarked, “handling situation doesn’t mean that police officers violate the legal provisions”.
Earlier, SHO concerned Ayaz Geelani, who was appearing in the court in compliance to the earlier directions, produced the case diary consisting copy of FIR and proceedings recorded on December 12, 2013. In the concluding part of the proceedings, it has been recorded that SHO had sought instructions from the Chief Prosecuting Officer.
After hearing Advocate Rohit Kapoor for the petitioners and Senior AAG Gagan Basotra for the respondents, the Special Division Bench, in the open court, observed, “it is rightly pointed out by Advocate Rohit Kapoor that act of the SHO amounts to criminal contempt and may be other authorities are liable for civil contempt”.
“Registration of case against the Judicial Officer as has been done by the SHO is in violation of the directions of the Apex Court as contained in the judgment in UP Judicial Officers Association Versus Union of India case”, the DB said, adding “this warrants framing of rules against the SHO for having committed criminal contempt”.
Considering the submission of Senior AAG that the respondents may be given chance to file detailed reply and SHO be given opportunity to explain his position, DB directed the respondents to file detailed reply and SHO was directed to file explanation by January 27, 2014.
The DB also directed the Director General of Police to ensure circulation of copy of judgment of the Supreme Court amongst all the ranks of police officers so that in future all the police officers act with due care and caution. “The affidavit be also filed on behalf of Chief Secretary as to whether copy of judgment, more particularly, guidelines framed by the Apex Court, have been earlier circulated for compliance”, the DB further directed.
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