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CJM issues contempt notice to SHO
SRINAGAR, Nov 30 (KNS): In a remarkable example of judicial activism, Chief Judicial Magistrate (CJM) Srinagar, Rajiv Gupta has issued notice to SHO Police Station Kral Khud Aftab Ahmad on Friday in proceedings of contempt of court and directed the SHO to file reply and statement of facts in person in the contempt petition by or before December 1.

Sources told KNS, in the case titled Danish Farooq Wani versus State through SHO Police Station Kral Khud Srinagar, Advocate Babar appeared on behalf of the applicant and pleaded that the applicant had moved a bail application on November 29 which was forwarded to SHO for report. Babar pleaded that SHO had received report but did not submit report before the court “under ill will”, thus causing contempt of court, adding “The accused reserves the right to be heard unto the points of law”.

Babar prayed before the CJM Court to initiate contempt proceedings against SHO and pass sentence as is warranted under law, adding “Besides the respondent (SHO) may be directed to submit the report in person before the court today, same would be in the interest of justice”.

The CJM directed the SHO to furnish the reply/statement of facts to the CJM Court by or before 1st December positively.

When contacted SHO Kral Khud, Aftab Ahmad said that he had not received the copy of the Court order yet. He further said that the relatives of Danish had sought report on bail application which was ready, adding “But it is the relatives who didn’t contact police station again to receive it till now”.

Talking to KNS, Advocate Babar said that Police cannot punish any one on its own. “The job of Police is to arrest and investigate. It (Police) cannot punish any accused and violate his fundamental and legal rights”, said Babar. “It is the discretion of Court to decide the case on its merits and demerits and to decide whether to bail out the accused or not”, he added. “By refusing to submit the report even after court directions has not only proved contempt of court but has also violates the guaranteed constitutional right of Danish ‘Right to Life and we’ll file a separate case for compensation for that”, said Babar.

Appreciating the Court Directions and serving notice to SHO, he said that a good message has gone out that we’re governed by rule of law but not by rule of man. “CJM Sahab has acted and performed the Judicial Activism in the interest of justice and those who show disrespect to the court directions should know that law will punish them”, said Babar.

He said that Danish is minor and falls under the protection of Juvenile Act. “Haryana and Punjab High Court in the case of Gurpyar Singh v/s State of Punjab has held that even the person 16 plus can fall under the protection of Juvenile Act and Supreme Court has withheld the decision”, said Barbar.

Pertinently, family members of a class 9 student Danish Farooq of downtown had accused police of detaining their ‘minor’ son in a jail in violation of juvenile norms. However police refuted the family claims, saying Danish is 16 years old and ‘hence not a minor’. The boy has been booked for ‘attempt to murder’ besides other harsh sections.

Danish was whisked away by police personnel of Kral Khud police station on Monday outside lower court after he was granted bail in another case registered against him in Shaheed Gunj police station.
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News Updated at : Friday, November 30, 2012
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