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| PIL seeking quashment of FIR against Judicial Officer in Sopore Ambulance case | | Special DB directs SP Kulgam to appear in person | | Early Times Report
Jammu, Mar 28 : (JNF) In a Public Interest Litigation against registration of F.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 Muzaffar Hussain Attar and Justice Tashi Rabstan observed that IGP Kashmir has already expressed remorse and tendered unqualified apology, which has been accepted by this court. Special DB further observed that SP Kulgam has tendered unconditional and unqualified apology for issuing letter dated January 1, 2014 with affidavit.
DB further observed in our constitution philosophy, the institution of judiciary occupies central place and the judiciary of our country is charged with the duty of enforcing the constitutional rights available to the citizens and besides, it is also charged with the sacred duty of protecting the rights of the people. Division Bench further observed that SP Kulgam cannot be said to be ignorant of the basic fundamentals of law and it would require explaining by him as to why the guidelines of Supreme Court were not circulated by him. Besides this, prima-facie of the said communication is sufficient to initiate proceedings against the said officer for having committed contempt of court. Division Bench issued directions to streamline the guidelines/observations of Supreme Court and directed Home Secretary J&K shall file an affidavit within two weeks placing on record copy of the guidelines circulated to all the police officers of the State of J&K. Division Bench directed IG Kashmir to withdraw the communication issued by SP Kulgam forthwith.
Division Bench issued show cause notice to SP Kulgam as to why contempt proceedings shall not be initiated against him for issuing a communication and he shall remain present in the court on next date of hearing. Court also permitted Sr. AAG Gagan Basotra and Adv Rohit kapoor to file proposals indicating therein as to whether besides the guidelines of the Supreme Court, in order to strengthen the institution of judiciary. |
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