Srinagar: The J&K High Court Friday issued notices to Judicial Magistrate Sanku, Chief Judicial Magistrate Kargil and Station House Officer (SHO) Zanskar asking them to explain how they arrested a person who had been provided interim bail by the high court.
One Abdul Aziz has petitioned the court that despite interim bail from High Court, police arrested and produced him before the trial magistrates “who were aware of the court order” but remanded him to police custody.
Aziz had been produced before the court of Judicial Magistrate, Ist. Class, Sanku on June 14 and 16, and the magistrate remanded him to the police custody on both the dates though his counsel informed the court about interim bail provided by the High Court.
The petitioner was later produced before the Chief Judicial Magistrate, Kargil on June 18 and 23, who again remanded him to police custody.
“The most important facet of the case which cannot be lost sight of is that the SHO P/S Zanaksar, the Judicial Magistrate, Sanku and the Chief Judicial Magistrate Kargil have violated the order of this court with impunity as also the SHO concerned has misinterpreted the order of this court in arresting the petitioner and the Magistrates concerned have also toed the same line in remanding him the police custody,” Justice M K Hanjura noted.
“Since the officers have violated the order of this court, therefore, at the first instance it shall be expedient to issue a notice to them to explain their position by or before the next date of hearing.”
The court also took into consideration Aziz’z fresh bail application and directed his release against a personal bond of Rs.40,000 with a surety of the like amount to the satisfaction of concerned where he is lodged at the moment.