Excelsior Correspondent
JAMMU, Aug 12: In a petition filed by Jammu and Kashmir High Court Bar Association, Jammu challenging restrictions imposed under Section 144 CrPC, High Court today directed Secretary Home Department, District Magistrate Jammu and SSP Jammu to produce the records and file their affidavits by or before August 14.
When the petition came up for hearing, Advocate Sheikh Shakeel Ahmed with Advocate Irfaan Mohammad Khan appearing for the petitioner Association submitted that order imposing restrictions was issued by the District Magistrate Jammu with non-application of mind as the entire order is non-speaking, vindictive, biased and actuated with malafide considerations.
He branded the order as draconian as it took away the fundamental right of the petitioner Association and AIIMS Coordination Committee to lodge peaceful protest for their demand of establishment of full-fledged AIIMS in Jammu. He further submitted that the order impugned was issued just to snub the ongoing agitation which received mammoth support from entire Jammu Province.
Advocate Ahmed also drew the attention of the High Court towards the Apex Court judgment delivered in Ram Leela Maidan incident case and said, “in this judgment, the Supreme Court has held that power under Section 144 CrPC must be exercised by the executive under emergent and grave situations”, adding “the Apex Court has further held that the emergency must be sudden and the consequences sufficiently grave”.
He further submitted that in the instant case there was no occasion for the District Magistrate Jammu to invoke the prohibitory provisions when the agitation was peaceful and for pressing the legitimate demand of Jammu people.
While buttressing the arguments of Advocate Ahmed, Advocate Pranav Kohli, vice-president of the Bar Association along with Advocate H C Jalmeria argued, “there is no satisfaction on the part of the District Magistrate Jammu and order impugned is bad in the eyes of law”.
AAG Vishal Sharma alongwith AAG Ahsan Mirza appearing on behalf of the State requested the court that some time be given for filing response.
After hearing both the sides at length, Justice Tashi Rabstan directed Secretary Home, DM and SSP Jammu to produce the records and also directed them for filing of affidavits before the next date of hearing. Looking into the urgency expressed by the petitioner Association, Justice Rabstan fixed this matter on August 14.
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