news details |
|
|
| PIL seeking quashment of FIR against Judicial Officer in Sopore Ambulance case | | SDB dis-satisfied over affidavits, grants 10 days time for filling appropriate affidavit | | EARLY TIMES REPORT
Jammu, Jan 29 (JNF): 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), A Special Division Bench of State High Court comprising Justice Mohammad Yaqoob Mir and Justice Bansi Lal Bhat today took serious note of the affidavits and on seeking time by AAG granted 10 days time to file appropriate affidavit by IGP Kashmir and SHO Sopore.
When the PIL came-up for hearing, Adv Rohit Kapoor pointed out the two affidavits filed by SHO Sopore and IGP Kashmir are aimed at justifying the wrong which has been committed,
According to the affidavit on December 12, 2013 the case FIR No.249/2013 under Section 341 RPC was registered at Police Station Sopore on the instance of MLA Langate Engineer Abdul Rashid. The MLA leveled allegations against the Mobile Magistrate Sopore regarding the death of Abdul Rehman Dar, son of Mohd Sultan Dar of Unisoo Handwara and in this connection he preferred a written report in the Police Station through one Showkat Ahmad Pandit, son of Ghulam Hassan Pandit of Unsoo Handwara', he said, adding "on finding the allegations against the Judicial Officer, the SHO of Police Station consulted CPO and SDPO Sopore in the matter, who advised the SHO not to proceed ahead in the investigation. Consequently, after the registration of the case no investigation was conducted in the matter". The In the affidavit filed by IGP that he also directed the SP Sopore and concerned Investigating Officer not to proceed further into the matter till any direction from the High Court is received. "In this connection, Registrar General of High Court was apprised vide a UO No.ZPHQ/CS/16193 dated December 20, 2013?, he added. Stating that recently a judgment was pronounced by the constitutional bench of the Supreme Court in which it was held that registration of a case in a cognizable offence is mandatory and in case any police officer deviates he is liable to face action under law, the IGP said, "this judgment was in the mind of Police Officer while registering the case". He said that directions dated March 7, 1994 passed by the Supreme Court in the Writ Petition titled UP Judicial Officers Association Versus Union of India have been received by Zonal Police Headquarters from Director General of Police vide PHQ Letter No.Legal /GB/52/290013/65108-75 dated December 31, 2013. "The ZPHQ Kashmir circulated the guidelines along all Range DIGs and District SSPs/SPs of Kashmir zone and they were directed for strict compliance", he said, adding "the District SSPs/SPs in their compliance reports have intimated that the guidelines were circulated among subordinate units for strict compliance".
Division Bench after gone through the affidavit filed by SHO Sopore and IGP Kashmir and after hearing Adv Rohit Kapoor for the PIL whereas AAG HA Siddiqui observed that AAG HA Siddiqui seeks time to file appropriate affidavit and granted 10 days time to file appropriate affidavit and directed Registry to list this PIL on February 7, 2014. |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
