SRINAGAR: A subordinate court in Baramulla stayed arrest warrant issued against Station House Officer (SHO) of Baramulla police station on the ground that the warrant issued by a junior judge has a technical flaw on the basis of legal procedures against saving government officials. The court observed that warrant has been issued without following rules guiding prosecution of a public servant. The court referred to an identical case heard in the Supreme Court.
Sources said the additional sessions judge Baramulla has pointed out that the judicial magistrate (first class) has issued the warrant in first instance while the procedure is that public servant should be asked to appear before the court.
“This procedure (personal appearance of government official) was not followed and therefore the warrant was stayed,” sources said.
Earlier, judicial magistrate (first class) had issued an arrest warrant against SHO police station Baramulla Khalid Ahmad for, ‘kidnapping, intimidating, illegally confining and causing hurt,’ to two individuals-Zubair Ahmad and Mohammad Yaseen- who were arrested by him in the first week of August.
According to the judicial order, a copy of which lies with Kashmir Reader, the court has directed SSP Baramulla to arrest the accused and present him, before the court of judicial magistrate (first class) without any favour.
The order said there was sufficient material on record to proceed against the accused “for his having prima facie committed offences punishable under sections 363, 323,342, 506 RPC”.
“Though the accused happens to be the SHO of police station Baramulla but the crimes alleged to have been committed by him are not part of his duty. Therefore, it is held at this stage, that there is no embargo to take cognizance and proceed against the accused under law,” reads the order.
The order said that the SHO had arrested the duo outside the jurisdiction of Police station Baramulla. It said Zubair was arrested at Nadihal Rafiabad where he was working as a labourer. “When the SHO caught hold of him (Zubair), he abused, thrashed and beat him up with a plastic stick commonly known as 4g lathi.”
The order said the SHO kept the person in illegal confinement till the day he was produced before the court.
About Yaseen, the order said, the SHO took him under custody at Ladoora, which falls under police station Sopore, and snatched his wallet, then beat him up mercilessly, thrashed and abused him in presence of some local ladies and then brought him to police station Baramula where the SHO again repeated his custodial torture.
“Because of the beating by the SHO in his room in police station, blood oozed out of his body and smeared his shirt. The entire body turned blue by severe beating and a deep injury was received around left eye,” it reads.
The order said that the injuries were later confirmed in a report that was submitted in the court.
Abdul Raheem Khan, one of the witnesses, the order said, was also subjected to the same treatment who was ’abducted’ by the SHO from Nadihal. The order said that roznamcha (daily police report) does not show any entry of Raheem even as he was arrested.
SSP Baramulla Imtiyaz Hussain told Kashmir Reader that he was unaware about the case.