*No decision yet on resumption of trial in 2013 unrest
Mohinder Verma
JAMMU, June 27: Police has presented challan against four persons including two women for intimidating and threatening Principal District and Sessions Judge, Kishtwar hearing the infamous Kishtwar riots case. The act on the part of the accused, which was aimed at polluting the sacred stream of justice and tampering with the dignity of the court, would lead to announcement of severe punishment following completion of trial.
In the case titled State Versus Adil Aslam Waza and Others regarding Kishwar riots, the Trial Court on May 7, 2015 framed charges against the accused persons under Sections 302, 207, 148, 149 and 201 RPC. However, the accused Adil Aslam refused to sign the charge form and disrupted court proceedings demanding that he should be charged only under Section 307 RPC.
Later, on the intervention of his counsel, Adil Aslam signed the charge form. But after one hour the family members and relatives of accused barged in the court room and demanded framing of charge under Section 307 RPC instead of Section 302 RPC. The intruders interrupted the court proceedings, threatened the Principal District and Sessions Judge and resorted to sloganeering.
The situation was controlled with the intervention of police and this ugly incident compelled the Principal District and Sessions Judge to make a reference to the High Court expressing desire to disassociate her-self from the trial on the ground that it was not possible to hold a fair trial in the vitiated atmosphere. Moreover, she also expressed apprehension about repetition and recurrence of such incidents in future.
The reference narrating the entire unfortunate and shocking incident received severe criticism from High Court, which found the acts of commission as gross contempt of court in addition to criminal offences. While issuing directions to Inspector General of Police, Jammu for identifying and booking the accused under relevant provisions of law, Justice Bansi Lal Bhat had observed, “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”.
In the meanwhile, High Court issued directions for putting on hold the trial in the Kishtwar riots before the court of Principal District and Sessions Judge.
On the directions of the High Court, Kishtwar Police registered FIR and started investigation and after completion of the same presented challan in the court of Chief Judicial Magistrate, Kishtwar.
In the charge-sheet, the police have identified the accused as Shafiqa Begum, Mohd Aslam, Arif Aslam, all the residents of Asrarabad Kishtwar and Shahzada Begum, a resident of Mirth Uttar Pradesh and presently residing in Tapal Mohalla, Kishtwar/Ustad Mohalla, Jammu.
These accused have been booked under Sections 353, 228, 504, 506 and 34 RPC.
The Section 353 RPC pertains to assault or criminal force to deter public servant from discharge of his/her duty. Under this Section, the accused are punished with imprisonment of either description for a term which may extend to two years or with fine or with both.
The Section 228 RPC relates to intentional insult or interruption to public servant sitting in judicial proceeding. Under this Section, the accused are punished with simple imprisonment for a term which may extend to six months or with fine or with both.
The accused are punished with imprisonment of either description for a term which may extend to two years or with fine or with both under Section 504 RPC, which relates to intentional insult with intent to provoke breach of the peace. Similarly, Section 506 RPC deals with criminal intimidation and under this section the accused are punished with imprisonment of either description for a term which may extend to two years or with fine or with both. If threat be to cause death or grievous hurt etc, imprisonment for life or with imprisonment for a term which may extend to seven years is awarded. Section 34 RPC pertains to criminal act done by several persons in furtherance of the common intention of all.
Though investigation into intimidating and threatening Presiding Officer has been completed and trial will begin in the court of Chief Judicial Magistrate, no decision has yet been taken by the High Court about resumption of trial in Kishtwar riots case, which was put on hold keeping in view the ugly incident of May 7, 2015
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