If the Presiding Officer of the Sessions Court is handed threats by the relatives and sympathizers of an accused person under trial, it is contempt of court and criminal offence. Strictest punishment should be the reward of such offenders. It is an attempt to subvert the very rule of law that governs this country. It renders the court helpless before threats of physical violence. If there is a Government in place, and if judiciary, one of the three organs of the State is to function, the law enforcing mechanism in the state must swing into action, register a criminal case against the culprits, proceed with their prosecution and the judiciary must deliver exemplary punishment so that the prestige and sanctity of the court are upheld and maintained.
Some time back, there were communal riots in Kishtwar. Mobs looted some shops and a gun factory where they snatched arms. Law enforcing agency moved in to control the situation, used force to disperse the crowds bent on causing disruption, arrested some of the hooligans and registered cases against them. The situation was brought under control. Perfunctory investigation revealed that some political figures were behind instigating the crowds to violence. What action the authorities took on that situation, is not what we intend to drag in here. However, in one particular case State versus Adil Aslam Waza and Others, the Trial Court framed charges against the accused persons under Section 302, 307, 148, 149 and 201 RPC. The accused refused to sign the form and said he is to be charged under Section 307 RPC only. However, he was persuaded by his counsel and finally signed it. But within an hour, his relatives and sympathizers barged into the court room and created a scene, raised slogans and threatened the Presiding Officer. The Principal Sessions Judge Kishtwar made a reference to the High Court asking for transfer of Kishtwar riots case because of repeated disruption of court proceedings as it was not possible to hold a fair trial under the circumstances.
The High Court has taken very serious note of this shocking case and, therefore, has taken strongest possible steps to restore the authority of law and maintain the prestige and power of the judiciary in most befitting manner. It has ordered a number of steps to be taken simultaneously. In the first place, it has directed IGP Jammu to strengthen the security arrangements inside the District Court Complex, Kishtwar by deploying adequate number of security personnel, preferably Para-military forces, to ensure fool proof security system. Besides adequate security shall also be provided to the Judicial Officers of the courts based at Kishtwar commensurate with threat perception. Secondly, it has directed SSP Kishtwar to investigate the incident by lodging a formal FIR, identify the intruders who barged into court room and threatened the Presiding Officer interrupting the judicial proceedings and submit a report within two weeks. The High Court maintains that persons, whether in individual capacity or as members of a group cannot be permitted to question the authority of the Presiding Officer of a court discharging judicial duty, which is considered to be a divine duty. The contemnor cannot be permitted to walk with impunity and have the last laugh, says the order of the High Court.
Thirdly, the High Court has ordered that the hearing of the case under consideration be put on hold till action on its orders is taken by competent authority. Fourthly, in regard to transfer of the case to any other court, the High Court has observed that all stakeholders have to be taken on board on this point and as such, issued notice to Senior Additional Advocate General and the accused to show cause why this reference be not accepted and case titled “State Vs. Adil Aslam Waza and Ors.” pending trial before Principal Sessions Judge Kishtwar be not ordered to be transferred to any other court of competent jurisdiction beyond the limits of Sessions Division, Kishtwar.
We hail the verdict of the High Court in this most shocking case that has ever happened in the State. Evidently, the contemnors have tried to take the law into their hands which is direct challenge to the authority of the State. It appears there is a broad conspiracy working behind the curtain aiming at intimidating the court and subverting justice. It speaks of diseased mindset that has the audacity to challenge the authority of the State. If this act of vandalism and hooliganism against the judicial structure is allowed to go unpunished, it will be a sad day for the law and order apparatus of the State. We very strongly support the directives of the High Court in this particular case and we are hopeful that the state functionaries which have been directed to play a role within a stipulated time in this connection will fulfil their task and report to the High Court. Come what may, the law must prevail as nobody is above law.
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