Excelsior Correspondent
Srinagar, Aug 10: A local Court issued show cause notice to District Magistrate (DM) and Senior Superintendent of Police (SSP) Kishtwar for lowering down the majesty of court among public by mentioning contemptuous words in Daily Diary (DD) reports and violating the court orders.
The Chief Judicial Magistrate Kishtwar rejected the request of Judicial Remand on 18.07.2024. of accused in Case FIR 182 of 2024 (smuggling of bovine) and bailed out the accused persons by recording that at this stage, the custody can be changed from judicial custody to surety.
The authorities, court said, in order to circumvent the bail order put one of the accused under Public Safety Act (PSA) and in DD reports of police fingers were also raised on the process of court by mentioning that there is serious anger in the community on releasing the accused on bail by the court.
Court said that these DD reports all over district Kishtwar, majority of which are post bail application have been managed to circumvent the regular process of the Court, and every report reflects the wording that “after the Court of CJM has released accused no.1 on bail there is serious anger in the community and there is apprehension that they might create law and order situation or sit-in in front of DM’s office therefore the accused needs to be detained by PSA”.
Court has mentioned two DD reports dated 19.07.2024 and 22.07.2024 which have repeated the content wherein it is mentioned that since the court has released accused on bail, as such this could cause annoyance in the Hindu Community and they could create a mob and sit -in against the administration or as a mob could cause harm to the accused. This could result in riots as the accused has been released on bail by the court.
Another set of daily diary reports dated 09.07.2024 of PP Shalimar and another dated 21.07.2024 of PP Hydyal are also placed on CD file which reported the annoyance of people against the accused as well as annoyance as to why the accused were released on bail.
Court said that creating DD reports with regard to the one single incident , which is punishable under the ordinary law of the land and there is nothing on record to reveal any kind of previous commission of offence of this nature or any other nature, and once the law does not permit any further detention unless found guilty, the district administration cannot use its powers as conferred upon them for prevention of public nuisance on the regular crime which is still under investigation and charge sheet is yet to be prepared.
The CJM presiding officer Mohammad Al-Nasir before initiating any action against DM and SSP Kishtwar under law sought explanation from them and issued show cause notice against both the officials as to why the case be not referred to High Court for committing criminal contempt.
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