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| Moveable/Immoveable property of SP and SI of SSG Wing likely to be attached | | | Sudershan Sharma
EARLY TIMES REPORT
KISHTWAR, Sep 1:- The Additional District Magistrate Kishtwar R.K. Shevan today declared SP and SI of SSG Wing absconder , and issued a proclamation to this effect under section 87 Cr.P.C vide his No; 168/ADM/Kishtwar dated 01-09-2010 , and informed the general public to intimate their whereabouts , and also directed the accused Police Officers to appear in the court within five weeks failing which their moveable /immovable property will be attached under section 88 Cr.P.C. The ADM Kishtwar initiated contempt proceedings against Fyaz Ahmad S.P. SSG and Sub-Inspector Ranbir Singh of SSG wing under section 228,175 RPC and 480 Cr.P.C , on the ground that during their visit to Kishtwar on 08-04-2010 in conntection with Chief Ministers visit to Kishtwar and misbehaved with the duty Magistrate ( Additional District Magistrate Kishtwar) The A.D.M after observing the gravity of offence has initiated contempt proceedings against the duo under law and issued Summons, then bail able warrants and finally non-bailable warrants compelling attendance of the concerned and sent the non-bailable warrants for its execution to Director SSG and SSP Jammu. The police have returned the summons, bailable warrants and even non-bailable warranted with the report that they are not available . The ADM also issued the directions to Sr. Suptd. Of Police SSG Wing and Director SSG, not to release the pay dues of duo who are avoiding willfully and deliberately their presence in the court.The accused police officers inspite of presenting themselves before the court, preferred to go for a revision petition against the order of ADM before District Magistrate Kishtwar and filed the revision petition through Deputy Director SSG before District Magistrate Kishtwar , which was dismissed by the District Magistrate Kishtwar on with the finding that District Magistrate and Addl. District Magistrate have same powers in criminal proceedings, and the court of District Magistrate Kishtwar lacks the jurisdiction hear the revision petition against the order of A.D.M , the contempt of courts Act envisage under section 15 & 18 that the contempt’s of such nature are ought to be heard by Hon’ble High court. District Magistrate further clarified that the revision petition can only the field before High Court of J&K . After dismissal of revision petition only option are available with them either to surrender before the court or to file the appeal in high court. But they opted to stay away the court proceedings.
Reliable sources confirm that the Department instead of producing the accused contemnor’s before the relevant court have facilitated the deputation of Sh. Fayaz Ahmed SP outside nation flouting all norms of UN deputations/CID clearance and grant of Visa and also drawn their salaries which evidently proves that despite being present the duo have not been deliberately arrested and produced before the court.
However it is not known whether the concerned court of ADM has taken up the matter of UN Deputation of SP Fayaz Ahmed with the state or central Home Ministry or Not ? To know as how his deputation has been cleared when a criminal charge under section 228/175 RPC and 480 CrPc was already pending against him.
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