Excelsior Correspondent
SRINAGAR, Sept 22: The High Court has reprimanded the then Senior Superintendent of Police (SSP) for making derogatory remarks against the judiciary in his dossier against a drug peddler and directed the Director General of Police J&K to seek explanation against him.
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Justice Moksha Kazmi while quashing the PSA of one Reyaz Ahmad Channa of Habba Kadal, Srinagar directed his release from the preventive custody. He was detained vide order dated: 20.12.2024 passed by the Divisional Commissioner Kashmir in terms of the provisions of PITNDPS Act.
Justice Kazmi after hearing the Senior Counsel Bashir Ahmad Bashir on behalf of the detenue-Channa submitted before the court that he has not been provided relevant documents which are prejudicial to the rights of the detenue.
The Senior counsel also drew the attention of the court to the dossier prepared by the concerned SSP which he submitted before the court is in total non application of mind on part of the SSP Srinagar. He informed the court that what has been stated by the SSP in his dossier is not only objectionable but contemptuous also as it implies the decisions of the court are made under the influence or power of the detenue.
The SSP Srinagar in his dossier has stated that the detenue-Channa has been able to manage bail as well as to challenge the detention orders before this court only because of his influence and power being a kingpin in Kashmir. “This is not expected of SSP to reflect his mind set in such a casual manner in the dossier”, the court said.
The averments, the court added, taken in the dossier prepared by the then SSP Srinagar inasmuch as the same pertains to the judicial process and judiciary are not only objectionable but highly lamentable too. “The said officer was neither entrusted with the authority nor was obliged under law to demean this institution and to act beyond his limits”, the court observed.
The court further added that this disrespectful language made use of by the officer in the dossier, as rightly pointed by the senior counsel for the petitioner is contemptuous to say the least and this type of practice cannot be allowed to be nurtured lest that may destabilize the entire democratic setup.
The court took serious note of the remarks made in the dossier by the SSP and directed the DG of Police to seek explanation from the then SSP with respect to the averments as taken note of made in the dossier and initiate action against him for trying to demean the structure and integrity of judiciary and its judicial process.
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