Jammu Kashmir: Court Registers Case Against Police Officer for Defying Court Orders

   

SRINAGAR: A court in Srinagar has registered a suo motu case against Senior Superintendent of Police (SSP) Srinagar,GV Sundeep Chakravarthy, IPS, over the alleged repeated failure to execute court-issued warrants and non-compliance with judicial directions.

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In an order, City Judge Tarun Mahajan initiated proceedings under Section 210(1)(c) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, observing that the SSP’s repeated inaction prima facie amounted to a violation of duties prescribed under Section 24 of the Jammu and Kashmir Police Act, punishable under Section 29 of the Act.

The court said the proceedings arose during the hearing of a complaint titled Ghulam Mohammad Rather vs Ajaz Ahmad Lone, in which warrants issued against the accused allegedly remained unexecuted despite repeated judicial directions. According to the order, after Bandipora Police failed to comply with multiple directions, the court entrusted the SSP Srinagar with executing a warrant against the then Station House Officer (SHO), Bandipora under Section 81 of the BNSS.

However, the court observed that no compliance report was submitted and the warrant remained unexecuted.

The order further noted similar instances of alleged non-compliance by the SSP in two other matters involving warrants against the SHOs of Rajpora in Pulwama and Kupwara police stations. The court remarked that the repeated omissions suggested a pattern of disregard for judicial orders.

Observing that police officers are legally bound to execute warrants once entrusted to them, the court stated that there is no discretion to withhold their execution and that prompt compliance is mandated under the JK Police Act.

Holding that a prima facie case had been made out, the court registered the suo motu proceedings against the SSP under Sections 24 and 29 of the JK Police Act.

As the matter concerns a public servant, the court directed the issuance of a pre-cognisance notice to Dr Chakravarthy under Section 223(2)(a) of the BNSS, seeking his written explanation regarding the circumstances leading to the alleged non-compliance.

The court also directed the Additional Director General of Police (ADGP), Kashmir/Inspector General of Police (IGP), Kashmir to submit a report under Section 223(2)(b) of the BNSS before the next hearing.

Copies of the suo motu complaint and its annexures have been ordered to be served on the SSP Srinagar and the ADGP/IGP Kashmir through official channels.

The matter has been listed for hearing on July 16.

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