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| Mobile Magistrate obstructed to discharge judicial duties | | DB Directs SSP, AC Kathua to explain reasons for not registering case | |
Jammu, November, 7-
A Division Bench of J&K High Court Srinagar comprising Chief Justice BA Khan and Justice Bashir Ahmed Kirmani today directed SSP Kathua and Assistant Commissioner (Adm) Kathua to explain the circumstances in which no case was registered against the persons, who had admittedly been party to commission of offence in their presence.
This court direction has been passed in a much- publicized case of obstructing Mobile Magistrate from discharging the judicial duties. Kashmir Consumer Forum has filed a PIL in this regard in State High Court Srinagar Wing.
The Division Bench after hearing Additional Advocate General Mr. A M Magray and Advocate BA Dar, observed that Assistant Commissioner (Adm) Kathua and SSP Kathua has failed to explain the reasons for not registering case against the persons, who had blocked the national highway and had allegedly taken law into their own hands and also obstructing the Mobile Magistrate from discharging the Judicial duties. No case has been registered by the local SHO or SSP of the District in this regard. On the contrary they seem to have acted on the complaint of Mobile Magistrate and registered FIR. Therefore, both SSP and AC are directed to explain their position.
The Affidavit filed by SSP Traffic Jammu shows that the In-charge Officer of Traffic contingent, which was attached to the Mobile Magistrate and his official, was suspended and the others have been attached. Upon this, the DB observed that it is expected that the competent authority or the Traffic Police would initiate the final enquiry against the personnel of his contingent who had allegedly abandoned their duties and take appropriate action under law against them as expeditiously as practicable within two months in any case. At this stage some CDs have been submitted before the court, which are said to be depicting the goings on in the incident leading to the alleged illegal confinement of Mobile Magistrate and also blocked of traffic on National Highway by some leaders of Truck Union of Kathua. The DB directed Registry to prepare transcripts of CDs and place the same on the record of this case.
In compliance to order November 3, 2006, the SSP Traffic Jammu and SSP Kathua have filed their respective explanations. Assistant Commissioner (Adm) Kathua Mr. Abdul Hafiz has also produced the report, which he had submitted to the District Magistrate Kathua. However, he has filed no reply or explanation or any version, before the court for which he was granted two weeks time, which he required to file in the shape of an affidavit, the DB observed. |
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