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| HC seeks detailed affidavit from respondents | | Sopore Ambulance case | | Et Report
Jammu, Dec 26 : A Public Interest Litigation has been filed by two young Advocates namely Rajnish Raina and Prem Sadotra (presently Joint Secretary BAJ) seeking .I.R. no. 249/2013 against judicial officer of the State Judiciary by Police Station Sopore ( Kashmir), Division Bench of State High Court comprising Justice Mohammad Yaqoob Mir and Justice Bansi Lal Bhat today granted time to respondents to file detailed reply affidavit and also directed SHO that he shall file his explanation before January 27, 2014.
When this PIL was taken-up, as per earlier direction Ayaz Geelani SHO Sopore was present in the Court and has produced the CD File along with copy of the FIR and proceedings recorded on December 12, 2013. In the concluding part of the proceedings it is recorded that SHO has sought instructions from the Chief Prosecuting Officer, till then no further proceedings.
The Division Bench after perusal of the CD files observed that it was rightly pointed out by Advocate Rohit Kapoor that the act of the SHO Sopore Ayaz Geelani amounts to criminal contempt and may be other authorities shall be liable for civil contempt.
Registration of the case, as against the Judicial Officer, as has been done by the SHO, is in violation of the directions of the Apex Court in the Judgment of U.P. Judicial Officers Association v. Union of India, which warrants framing of rule against the SHO for having committed criminal contempt.
The court further observed that Gagan Basotra Senior AAG submits that at the first instance respondents may be given opportunity to file a detailed reply and in addition thereto, SHO may also be given time to explain his position.
The court after hearing both the sides observed in the open Court that in the interest of justice, time is granted and the detailed reply affidavit be filed and SHO shall also file his explanation by or before 27th January, 2014. Division Bench in the open Court directed Director General of Police shall ensure circulation of the copy of the judgment rendered by the Apex Court in case of U.P. Judicial Officers Association v. Union of India, amongst all the ranks of the Police Officers so that in future all the Police Officers at every level act with due care and caution. The affidavit be also filed on behalf of the Chief Secretary as to whether copy of the judgment, more particularly, the guidelines framed by the Court in compliance to the judgment have been earlier circulated for compliance. JNF |
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