Excelsior Correspondent
JAMMU, May 14: In a reference seeking transfer of Kishtwar riots case on the ground of repeated disruption of court proceedings by the accused and their sympathizers and open threats issued to the Principal Sessions Judge, High Court today directed Inspector General of Police to strengthen security inside the District Court Kishtwar and investigate the incident by lodging FIR against the intruders, who barged into court room and threatened the Presiding Officer.
In a reference, the Principal Sessions Judge Kishtwar said, “in the case titled State versus Adil Aslam Waza and Others, on May 7, the Trial Court framed charges against the accused persons under Section 302, 307, 148, 149 and 201 RPC. Though the accused persons pleaded not guilty, yet accused Adil Aslam refused to sign the charge form and disrupted court proceedings demanding that he be charged under Section 307 RPC only”.
“Later, on the intervention of counsel, Adil Aslam signed the charge form. But after one hour the family members and relatives of accused barged in the court room, disrupted court proceedings and demanded framing of charge under Section 307 RPC instead of Section 302 RPC. The intruders interrupted the court proceedings, threatened the Presiding Officer and resorted to shouting”, Principal Sessions Judge said in the reference. She has expressed apprehension about repetition and recurrence of such incidents in future.
While wanting to disassociate herself from trial, she has prayed that the case may be transferred to any other court as it was not possible to hold a fair trial in the vitiated atmosphere at Kishtwar.
After going through the reference, Justice Bansi Lal Bhat observed, “the circumstances attending upon the making of instant reference are very disturbing. It appears that the unidentified family members, relatives and sympathizers of accused had stormed the court room of Principal Sessions Judge, Kishtwar subsequent to adjournment of the case and shouted at and threatened the Presiding Officer”.
“These acts of commission constitute gross contempt of court in addition to criminal offences. The Presiding Officer appears to have acted helplessly. In absence of complete details of the shocking incident, it is difficult to understand why she behaved that way. The Presiding Officer appears to be scared and apprehends such events in future too”, Justice Bhat observed, adding “the accused need to be identified and brought to book. Persons, whether in individual capacity or as members of a group cannot be permitted to question the authority of the Presiding Officer of a court discharging judicial duty, which is considered to be a divine duty”.
“Such acts amount to polluting the sacred stream of justice and tamper with the dignity of the court. The contemnor cannot be permitted to walk with impunity and have the last laugh. It is, therefore, imperative that the persons involved in the incident leading to making of the instant reference by the Presiding Officer are identified and brought to book. Necessary directions are required to be passed in this regard”, Justice Bhat said.
“In so far as transfer of the criminal case on the ground of vitiated atmosphere at Kishtwar is concerned, other stake holders in administration of justice are required to be taken on board before passing of appropriate directions. This course is not only warranted under law but also desirable to ensure a fair trial”, High Court said and issued notice to Senior Additional Advocate General and the accused to show cause why this reference be not accepted and case titled “State Vs. Adil Aslam Waza and Ors.” pending trial before Principal Sessions Judge Kishtwar be not ordered to be transferred to any other court of competent jurisdiction beyond the limits of Sessions Division, Kishtwar.
“Meanwhile, trial before the court shall be put on hold”, the High Court said and directed IGP Jammu to strengthen the security arrangements inside the District Court Complex, Kishtwar by deploying adequate number of security personnel, preferably para-military forces, to ensure fool proof security system. Besides adequate security shall also be provided to the Judicial Officers of the courts based at Kishtwar commensurate with threat perception.
“Compliance in this regard shall be reported within one week to Registrar Judicial of Jammu Wing of this court”, Justice Bhat said and directed SSP Kishtwar to investigate the incident by lodging a formal FIR, identify the intruders who barged into court room and threatened the Presiding Officer interrupting the judicial proceedings and submit a report within two weeks.
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