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| Issues notices to DM, IG Traffic, others | | DB takes serious note of attack on Mobile Magistrate | | Jammu, November, 2- Taking serious note of the attack on Mobile Magistrate Kathua by the mob, the Division Bench of J&K High Court at Srinagar comprising Chief Justice and Mr B A Khan and Justice Bashir A Kirmani has directed Registrar Judicial to issue notice to Kuldeep Singh Kingu (President) and Amrit Singh (secretary) Truck Union Kathua requiring them to explain/show cause why they be not proceeded for obstructing the course of justice and committing a contempt of Court. Notice shall also go to District Magistrate and SSP Kathua requiring them to explain the action taken in the matter after the incident was reported to them. DB also directed Registry to issue notice to Inspector General of Police Traffic, Deputy Inspector General of Police Traffic and also the Officer-In-Charge Traffic Police, who was accompanying the Magistrate, asking them to explain the circumstances in which the traffic police has failed to act and protection warrant to SHO for producing the Kuldeep Singh Kingu and Amrit Singh in the court tomorrow. DB further ordered Registrar Judicial to ask the aforesaid authorities to appear before the court on November 3, 2006 with their reply/objections.
This order has been passed by the Division Bench after considering a report which has been received from District Judge Kathua, stating that Mobile Magistrate Kathua Mr. Jasrotia and his staff were held in wrongful confinement by a mob of one thousand strength, who were raising slogans and expressing resentment against holding of spot trails. It is submitted by the District Judge that he went on spot along with Chief Judicial Magistrate Kathua and found that mob had ‘ghearoed’ the Magistrate and the staff and some allegations were also made on the pretext on some discrepancy in issuing receipts for the amount of fine, which on verification was found to be groundless. The District Judge further submitted in the report that this incident has sent shock waves in Judicial circles and the unlawful acts of commission resorted to by the mob at the instigation of Kuldeep Singh Kingu and Amrit Singh, President and Secretary of Truck Union Kathua, which appears to have been designed to thwart the course of justice, scandalize the Court and sabotage the Judicial process, constitutes gross contempt of court. It is also reported by the District Judge that traffic police personnel deployed with the traffic court deserted them and made good their escape leaving the Magistrate and his staff to face the wrath of the irate mob and no action has been taken by the District Administration in the matter after the incident was brought to their notice, though FIR lodged at P/S Kathua, there is no scope or reason to doubt the authenticity of the report of District Judge Kathua. Upon this report, the Division Bench observed that going by its terms, the incident raises a matter of serious concern, which besides constituting a contempt of court, prima-facie has the consequence of obstructing the functioning of Judicial Officer, and impede the course of Justice. Accordingly serious notice is taken on the report of the District Judge Kathua and directed Registrar Judicial to issue notice. |
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