The order was passed by the 2nd Additional Sessions Judge after the IPS officer challenged the July 6 order of the City Judge (Judicial Magistrate First Class), Srinagar. While issuing notice in the revision petition, the Sessions Court stayed the operation and implementation of the impugned order and called for the trial court record before taking up the matter for further hearing.

 

The magistrate’s order had accused the SSP of repeatedly failing to execute court-issued warrants and of ignoring judicial directions in a criminal case involving an accused, Ajaz Ahmad Lone. Taking suo motu cognisance, the magistrate registered a case against the officer under provisions of the Police Act and the Bharatiya Nagarik Suraksha Sanhita (BNSS), holding that there was a prima facie case for prosecution.

 

In a strongly worded order, the magistrate observed that the SSP had “a habit of sitting over the warrants” issued by the court and had “not only defied the orders of this court once but thrice”, thereby undermining the authority of the judiciary. The court had also remarked that the officer appeared to be “the biggest impediment and hurdle in the administration of justice.”

 

The proceedings arose out of repeated non-execution of warrants issued against an accused in a criminal case.Click Here To Follow Our WhatsApp ChannelAccording to the magistrate, despite directions issued over several months, the Station House Officer (SHO), Bandipora, failed to execute the warrants or submit compliance reports. The court subsequently directed the personal appearance of the SHO and later issued a bailable warrant against him through the SSP, Bandipora.

 

When those directions also remained unexecuted, the magistrate directed SSP Srinagar to arrest the SHO and produce him before the court, observing that the police machinery in Bandipora was “not responding”. The order records that even thereafter neither the warrants were executed nor compliance reports submitted by the officers concerned.

 

Observing that both the Srinagar and Bandipora police establishments had failed to carry out judicial directions, the magistrate said the “whole police machinery” of the two districts appeared to have “collapsed” and questioned why the warrants had remained unexecuted despite repeated judicial orders.

 

Challenging these findings, the SSP approached the Sessions Court in revision. After hearing the petitioner, the appellate court held that the matter required judicial examination and ordered that the operation of the magistrate’s order remain stayed pending disposal of the revision petition. It also directed that the trial court record be requisitioned before the next date of hearing.

 

The stay does not amount to a decision on the merits of the allegations. It merely suspends the implementation of the magistrate’s order until the Sessions Court adjudicates the challenge. (KNS)