Kashmir HC Says Its Order Violated With Impunity

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Seeks Explanation From SHO Zanaskar, Judicial Officers By July 27  

SRINAGAR — The Jammu and Kashmir High Court has directed SHO of police station Zanaskar, Judicial Magistrate Sanku and the Chief Judicial Magistrate Kargil to explain their position regarding violation of its order with impunity regarding bail granted by it to a person earlier this year.  

Hearing a petition filed by one Abdul Aziz for his arrest by police despite bail granted to him, observed that the plea reflects a sad and sordid state of affairs.

Aziz was admitted to interim bail by the high court on March 1. The order was extended from time to time and lastly it was on 22 April that court ordered interim direction shall continue till next date of hearing.”

Thereafter, the petition could not be listed before the court on the appointed date – May 14 on account of a note appended to the roster issued by the Chief Justice which directed that only 75 cases including five final hearing matters need to be listed before every Single Bench on each day and as such the case could not be listed.

The police authorities of police station Zanaskar arrested Aziz in the same FIR in which he was admitted to bail by the orders of the court. The accused was produced before the court of Judicial Magistrate, 1st. Class, Sanku on June 14 and June 16 and the Magistrate remanded him to the police custody on both the dates though the counsel representing him stated before the court that Aziz has been admitted to interim bail by the High Court.

Aziz was thereafter produced before the Chief Judicial Magistrate, Kargil June 18, 21 and 23 and he was again remanded to the police custody by the Chief Judicial Magistrate, Kargil.

The court ordered Aziz shall be released from custody forthwith on his executing a personal bond to the tune of Rs.40,000 with a surety of the like amount to the satisfaction of SHO P/S Zanaskar or before the Incharge Jail wherever he is lodged at the moment.

The court ordered that Aziz shall not tamper with the prosecution witnesses and shall produce himself before the Investigating Officer if and when he is directed to do so.  

“The most important facet of the case which cannot be lost sight of is that the SHO P/S Zanaksar, the Judicial Magistrate, Sanku and the Chief Judicial Magistrate Kargil have violated the order of this court with impunity. The SHO concerned has misinterpreted the order of this court in arresting the petitioner and the Magistrates concerned have also toed to the same line in remanding him to the police custody,” the court said, adding that its order on April 22 which directed that the interim direction, if any, shall continue till next date of hearing would make it succinctly clear that the order had to remain in force till such time that the matter was listed before the court. “On 14-05-2018 the petition could not be listed before the court, as a sequel to which, the order would continue till such date that the petition was listed before the court. Since the officers detailed above have violated the order of this court, therefore, at the first instance it shall be expedient to issue a notice to them to explain their position by or before the next date of hearing,” the court said and directed registrar Judicial do the needful as directed while as it listed the case on July 27.

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