Jammu And Kashmir: Court Issues Show Cause Notice to Kishtwar DM, SSP For Contemptuous Conduct, PSA Misuse

Chief Judicial Magistrate Kishtwar noted that the Daily Diary (DD) reports by the police dated July 19 and July 22, 2024 echoed concerns that the release of the accused could provoke unrest in the Hindu community and lead to public disturbances. Earlier, the court while rejecting the plea for judicial remand of the accused in bovine smuggling case, granted bail to the accused.

Srinagar (Jammu and Kashmir):A local court has issued a show cause notice to the District Magistrate (DM) and Senior Superintendent of Police (SSP) of Kishtwar in Jammu and Kashmir for allegedly undermining the majesty of the court by using contemptuous language in Daily Diary (DD) reports and violating court orders.

The Chief Judicial Magistrate (CJM) Kishtwar rejected the request for judicial remand on July 18, 2024, for the accused in Case FIR 182 of 2024, related to bovine smuggling. The CJM granted bail, noting that at this stage, the custody could be changed from judicial to surety.

Following the bail decision, the authorities allegedly attempted to bypass the court's order by placing one of the accused under the Public Safety Act (PSA). The court noted that the DD reports from the police indicated serious dissatisfaction among the public regarding the bail decision. These reports suggested potential law and order issues and described public outrage over the release of the accused, claiming that it might lead to protests or riots.

The court highlighted two specific DD reports dated July 19 and July 22, 2024, which echoed concerns that the release of the accused could provoke unrest in the Hindu community and lead to public disturbances. Another set of reports dated July 9 and July 21, 2024, also expressed public displeasure with the bail decision and the accused.

The CJM criticized the creation of these DD reports, arguing that they were aimed at undermining the judicial process. The court pointed out that the regular law should apply to the incident, and no further detention was justified unless the accused were found guilty. The court emphasized that the district administration's actions appeared to misuse their powers to prevent public nuisance in a case still under investigation.

CJM Mahmud Anwar Al-Nasir has sought explanations from the DM Dr. Devansh Yadav, of the 2016 AGMUT batch, and SSP Kishtwar Abdul Qayoom, of the JKPS 2001 batch, and issued show cause notices, questioning why the case should not be referred to the High Court for potential criminal contempt.