Excelsior Correspondent
JAMMU, Jan 28: Inspector General of Police, Kashmir Zone Abdul Ghani Mir has justified the registration of FIR against the Mobile Magistrate in Sopore last month and said that while doing so the Police has followed the latest judgment of the Supreme Court of India.
In the reply filed on the directions of the Special Bench of the High Court, the IGP said that on December 12, 2013 the case FIR No.249/2013 under Section 341 RPC was registered at Police Station Sopore on the instance of MLA Langate Engineer Abdul Rashid.
“The MLA leveled allegations against the Mobile Magistrate Sopore regarding the death of Abdul Rehman Dar, son of Mohd Sultan Dar of Unisoo Handwara and in this connection he preferred a written report in the Police Station through one Showkat Ahmad Pandit, son of Ghulam Hassan Pandit of Unsoo Handwara’, he said, adding “on finding the allegations against the Judicial Officer, the SHO of Police Station consulted CPO and SDPO Sopore in the matter, who advised the SHO not to proceed ahead in the investigation. Consequently, after the registration of the case no investigation was conducted in the matter”.
The IGP said that he also directed the SP Sopore and concerned Investigating Officer not to proceed further into the matter till any direction from the High Court is received. “In this connection, Registrar General of High Court was apprised vide a UO No.ZPHQ/CS/16193 dated December 20, 2013”, he added.
Stating that recently a judgment was pronounced by the constitutional bench of the Supreme Court in which it was held that registration of a case in a cognizable offence is mandatory and in case any police officer deviates he is liable to face action under law, the IGP said, “this judgment was in the mind of Police Officer while registering the case”.
He said that directions dated March 7, 1994 passed by the Supreme Court in the Writ Petition titled UP Judicial Officers Association Versus Union of India have been received by Zonal Police Headquarters from Director General of Police vide PHQ Letter No.Legal /GB/52/290013/65108-75 dated December 31, 2013. “The ZPHQ Kashmir circulated the guidelines along all Range DIGs and District SSPs/SPs of Kashmir zone and they were directed for strict compliance”, he said, adding “the District SSPs/SPs in their compliance reports have intimated that the guidelines were circulated among subordinate units for strict compliance”.
The IGP further said that the investigation of the case FIR No.249/2013 Police Station Sopore is in abeyance and any direction or guideline from the High Court in the matter will be complied with in letter and spirit.
“We have great regard and reverence for the courts of law. We have always implemented the orders passed by the courts of law from time to time in letter and spirit. Thus, the respondents have upheld the dignity, majesty and supremacy of the judiciary”, the IGP said.
Follow our WhatsApp channel