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| PIL seeks quashment of FIR against judicial officer | | Sopore Ambulance Case | | Jammu, Dec 18 (JNF): A Public Interest Litigation has been filed by two young Advocates namely Rajnish Raina and Prem Sadotra (presently Joint Secretary BAJ) seeking quashment of FIR no. 249/2013 against judicial officer of the State Judiciary by Police Station Sopore ( Kashmir). Admitting the appeal, Special Division Bench of State High Court comprising Justice Mohammad Yaqoob Mir and Justice Bansi Lal Bhat after hearing Adv Rohit Kapoor issued notice to Chief Secretary, DGP J&K, IGP Kashmir and SHO P/S Sopore.
Special Division Bench after going through the PIL, ordered that the proceedings in FIR shall remain stayed till next date of hearing and SHO police station Sopore shall remain present on next date of hearing. It has been submitted that F.I.R. no. 249/2013 against judicial officer was registered without following the due course of law. The act of the police is a direct interference and blitzkrieg in the Independence of judiciary, administration of justice and lowering its judicial authority.
Adv Rohit Kapoor also submitted guideline of the Supreme Court that a Magistrate, Judge or any other Judicial Officer is liable to criminal prosecution for an offence like any other citizen but in view of the paramount necessity of preserving the independence of judiciary and at the same time ensuring that infractions of law are properly investigated. The petitioner submitted that Apex court guidelines are not exhaustive but these are minimum safeguards which must be observed in case of arrest of a judicial officer. These guidelines should be implemented by the State Government as well as by the High Courts and copy of the guidelines should be forwarded to the Chief Secretaries of all the State Governments and to all the Courts with a direction that same may be brought to the notice of the concerned officers for compliance. After submitting the SC guidelines, petitioner sought quashment of FIR against Judicial Officer. |
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