CJM court refers contempt proceedings against police to High Court

Srinagar: After Jammu Kashmir Police failed to comply with the court orders with regard to Tengapora killing, the Court of Chief Judicial Magistrate Srinagar Masrat Shaheen Monday referred contempt proceedings against the IGP Kashmir and SSP Srinagar to the High Court.

“Reference is made to the Hon’ble High Court of J&K with the prayer for taking action under Contempt of Courts Act against the contemnors namely SSP Srinagar Amit Kumar and IGP Kashmir Syed Javaid Mujtiba Geelani IGP Kashmir in order to uphold the Majesty of law and in order to get the orders of the Court implemented. As the SSP Srinagar and IGP Kashmir have appeared before the Court as such they are directed to furnish the bail and personal bonds for an amount of Rupees One lakh each with one surety. SSP Srinagar and IGP Kashmir have furnished the requisite bail and personal bonds which are attested and accepted with the direction to cause their appearance before the Hon’ble High Court of J&K at Srinagar on 9 August this month for facing contempt proceedings,” the court of CJM in its order said on Monday.

According to the Court order, “an application was moved before this Court by applicant Abdul Rehman Mir on July 18 last month wherein he has claimed that he along with his family members on 10th of July 2016 at about 6.45 P.M was sitting at his home and all the family members were watching the news coming on Television. Meanwhile Police party headed by Dy.S.P Yasir Qadri forcibly entered into the house of the applicant and smashed windows, window panes and doors of the applicant without any reason and justification. The wife of the applicant tried to stop the Police Officer from damaging the windows and window panes but the Police Officer got infuriated, slapped and physically assaulted the wife of the applicant and hurled invective upon the wife of the applicant. The son of the applicant Shabir Ahmad Mir (deceased) was present on spot who could not bear the beatings of his mother and tried to rescue her from the clutches of the said Police Officer and other Police Personnels. On this the said Police officer went into rage and started beating son of the applicant and thereafter opened fire by pistol and fired two shots in the body of the son of applicant on point blank range who died on spot. The application was supported by an affidavit duly sworn by the applicant and the court after satisfying itself that cognizable offence has been committed by the Dy. S.P Yasir Qadri and other Police Personnels directed SSP Srinagar for lodging of FIR.”

“The SSP Srinagar failed to lodge the FIR as per the directions which were passed on 18th and 28th of July 2016 and then a show cause notice was issued against him to show cause as to why action shall not be taken for disobeying the court orders and the file was fixed on 30th of July 2016. On 28th of July 2016 SSP Srinagar was also directed to lodge the FIR and file the compliance report personally within 24 hours but despite this direction the SSP Srinagar failed to appear before the Court personally on 30th of July 2016 and also failed to answer the show cause notice with the result a warrant was issued against the SSP Srinagar and was also directed to show cause as to why Contempt Proceedings shall not be initiated against him for disobeying the court orders.”

“On 30th of July 2016 he was again directed to lodge the FIR and file the copy of FIR within 24 hours and the file was listed on 1st of August 2016. SSP Srinagar appeared before the court and sought time for filing of statement of facts. On the said date SSP Srinagar was again directed to comply the Court orders dated 18th and 28th of July for lodgment of FIR and in default was directed that a rule will be framed against him and same will be referred to Hon’ble High Court. The file was listed on 2nd of August 2016.”

“On 2nd of August 2016 SSP Srinagar appeared before the Court and filed statement of facts wherein he has stated that petition has been moved under section 561 A Cr.P.C before the Hon’ble High Court. Even the applicant also moved an application and due to the pendency of matter before Hon’ble High Court this Court stayed away its hands till the of the matter is disposed of by the Hon’ble High Court and listed the case on 6th of August 2016.”

“On 4th of August 2016 petition filed by the State under section 561(A) CrPC was dismissed and also word of caution was passed by the Hon’ble High Court whereby this Court was directed to proceed in accordance with law and if required shall adhere to the procedure governing Contempt Proceedings. SSP Srinagar was well versed and was having a full knowledge about the orders passed by this Court as well as the orders which were passed by the Hon’ble High Court on 4th of August 2016, but despite these orders, the SSP dis-obeyed willfully the Court orders passed by this Court and order passed by Hon’ble High Court. With the result warrant was issued for his personal appearance so that he could show cause for taking action under Contempt of Courts Act. The file was listed on 8th of August 2016.”

IGP Kashmir according to news agency CNS appeared before the court, SSP Srinagar also appeared before the Court and filed the statement of facts wherein SSP Srinagar has claimed that FIR No. 89/2016 u/s 147,148,152,307,336,436 RPC stands registered before the Police Station Batamaloo with regard to the said incident. “The investigation in compliance to directions of the Court vide its order dated 18.07.2016 was entrusted to Shri Sajad Khaliq KPS Superintendent of Police City North Zone Srinagar with the direction to get the case investigated as directed by the Court in terms of order dated 18.07.2016. The orders of this Court were assailed before the Hon’ble High Court of J&K at Srinagar under section 561 A Cr.P.C which has been dismissed by Hon’ble High Court on 4th of August 2016. However order passed by the Hon’ble High Court dated 4th of August 2016 was examined by the Government and the Government has thought it advisable to assail the order of Hon’ble High Court of J&K at Srinagar before Hon’ble Supreme Court of India by filing SLP and requisite sanction has been given by Department of Law, Justice Parliamentary Affairs Civil Secretariat Srinagar vide order LD(Lit)2016/55- Home-SC dated 06.08.2016.”

“On 6th of August 2016 IGP Kashmir was directed to lodge the FIR and file the copy of the FIR on 8th of August 2016. Today IGP Kashmir appeared before the court and also SSP Srinagar appeared before the court but both of them failed to obey the orders of the Court as they failed to lodge the FIR against Dy. S.P Yasir Qadri and other Police Personnels.”

The court in its orders stated that, “it is very unfortunate that despite orders of this Court dated 18th of July and 28th of July which have been upheld by the Hon’ble High Court of J&K the orders of this Court was disobeyed willfully not only by SSP Srinagar Sh.Amit Kumar but also by IGP Kashmir Sh. Syed Javaid Mujtaba Geelani. Although a person is having a right to assail the order before the Hon’ble High Court or Hon’ble Supreme Court of India but that does not mean that a person is having a blank cheque to flout the orders of the Court. The statement of facts filed by SSP Srinagar does not show any sufficient cause but on the other hand show the complete disregard of the Court orders which was even upheld by Hon’ble High Court of J&K. As SSP Srinagar Amit Kumar and IGP Kashmir Syed Javaid Mujtiba Geelani have disobeyed the court orders dated 18th of July, 28th of July and 6th of August 2016 willfully as such needs to be dealt under the Contempt of Courts Act.”

The Court has made it clear that the matter relates to the commission of heinous cognizable offence in which time can destroy the evidence in case the FIR is not lodged at an earliest. It is also settled law that FIR has to be lodged as early as possible so that evidence cannot be destroyed and the evidence on the scene of occurrence does not get blemished. (CNS)

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