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| HC issues notice to Kashmir Bar Association | | Kotbalwal jail authorities seek transfer of contempt petition | |
EARLY TIMES REPORT
Jammu, May 28 : The high court today issued notice to Jammu Kashmir high Court Bar Association, Srinagar after taking cognizance of an application filed by Deputy Superintendent Kotbalwal jail seeking transfer of a contempt petition to Jammu.
The JK High Court Bar Association Srinagar initiated contempt proceedings against the Kotbalwal jail authorities when they refused to honour an order of the high court allowing the bar members to interview the prisoners.
Advocate Abhinav Sharma who represented the petitioner sought transfer of the contempt petition to Jammu from Srinagar. The court accordingly issued notice to the Bar Association.
The petitioner submitted that Mirza Saleem Ahmed Beigh presently posted as Superintendent Central Jail Kot-Bhalwal Jammu and applicant RS Jamwal presently posted as Deputy Superintendent Central Jail Kot-Bhalwal Jammu which is a high security central jail where around 500 inmates are housed including foreign nationals.
It was further submitted on January 1, 2010 a direction came to be passed in a petition by the Srinagar Wing of J&K High Court in which respondents were directed to permit the representatives of High Court Bar Associations to meet the detenues/ under trial prisoners of J&K State lodged in the jails/ interrogation centers/ police stations, so that necessary legal aid and assistance was provided to them. The delegations of J&K High Court Bar Association Srinagar led by Mian Abdul Qayoom along with six others reached at Kot-Bhalwal Jail at 11:40 AM on January 7, 2010 along with an application supported with the copy of order dated January 1, 2010 passed by the High Court at Srinagar Wing.
In the said application it was contended that the team wants to meet all the under trials and detenues. The applicant No 1 Superintendent of Jail on receipt of application referred the matter to Deputy Superintendent who happens to be Incharge Mulaqat and also the Chief Executive Officer of Jail as per the Jail Manual. During discussion, the Bar team insisted to meet with all the prisoners together and the superintendent repeatedly requested the Bar team to name the prisoners with whom they intended to meet and further the applicant No 1 offered to provide full record disclosing the identity of the detenues. The request, however, was not acceded to by the Bar team and they kept on insisting to meet all the prisoners together.
The applicant impressed upon the Bar team that the meetings/interview with prisoners/ under trials are governed by the J&K Jail Manual and the High Court while issuing the direction of January 1, 2010 has made it categoric to applicants to adhere strictly the rules applicable. While the Superintendent was still examining the note of Deputy Superintendent, the Bar team stood-up and left with the said application.
Thereafter Mian Abdul Qayoom issued a press note against the applicants and leveled baseless allegations. In the said press note Mian Abdul Qayoom declared his intention to file a contempt petition against the authorities of the said Jail. On reaching Srinagar, the J&K High Court Bar Association Srinagar filed a contempt petition against the applicants alleging willful disobedience of order January 1, 2010 by the applicants. It is further submitted that on receipt of notice the applicant engaged SS Ahmed, a Jammu based Advocate as none of the Govt appointed Advocates agreed to represent the applicants despite intervention of the Advocate General. On March 3, 2010, Counsel appeared for the applicant.
It was further submitted that on May 21, 2010 Advocate SS Ahmed received a threat on his cell phone. He was told not to visit Srinagar in connection with the case. The counsel for the applicants immediately spoke to SSP Jammu and also appraised IGP Kashmir, DIG Srinagar and SSP Srinagar through a SMS and also reported the matter to the police station Pacca Danga Jammu. It is worthwhile to mention here that same caller also called Superintendent Kot-Bhalwal at 7:18 PM. However, the call did not mature due to poor signal. On these grounds the applicant has sought transfer of contempt petition No 11/2010 from Srinagar Wing to Jammu Wing of JK High Court. ---JNF
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