news details |
|
|
| HC asks ADM Kishtwar to justify alleged 'misuse' of power | | |
EARLY TIMES REPORT
JAMMU, Dec 12: The High Court J&K comprising of Justice J P Singh today passed a significant order in a criminal revision filed by one petitioner Sajad Ahmed Najar of Jamia Masjid Mohalla, Kishtwar through A K Sawhney and Aseem Sawhney Advocates and asked to justify the orders passed by him on Ashiq Hussain's complaint.
Justice J P Singh after hearing Aseem Sawhney, Advocate for the petitioner, H A Sadiqui Addl Advocate General for the State and S S Ahmed for one of the applicant observed the manner in which Additional District Magistrate, Kishtwar initiated proceedings on complaint under Section 107 / 151 CrPC and proceeded thereafter in keeping the petitioner in custody refusing to accept the sureties produced on his behalf and started recovery proceedings of the amount which Ashiq Hussain complainant is stated to have paid to which him, prima facie demonstrates misuse of magisterial powers as Additional district Magistrate. He is, therefore, required to justify the orders passed by him on Ashiq Hussain's complaint".
The High Court directed R K Shavan, the Additional District Magistrate, Kis-htwar to justify the orders passed by him to keeping the petitioner in custody and holding recovery proceedings against him"
It may be mentioned that the petitioner in the petition filed by A K Sawhney and Aseem Sawhney Advocates has alleged the ADM Kishtwar in sheer abuse of powers conferred on him by the Code of Criminal Procedure has virtually resorted to recovery proceedings at the behest of some complainants who have lodged a false and frivolous complaint. It was alleged that the petitioner was kept in the Police Station for the entire day and night without obtaining any formal remand or without following the arrest guidelines. All the guidelines of arrest were violated with impunity. Neither the grounds of arrest were informed, nor the arrest memo prepared or any relative was permitted to be informed.After hearing both the sides the High Court took a serious note of the misuse of authority by the respondent Addl Distt Magistrate Kishtwar/ ACR and impleaded him party respondent by name and sought his response to justify the actions taken by him. |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
