Srinagar: The Jammu & Kashmir High Court, while quashing a preventive detention order, observed that the former Senior Superintendent of Police (SSP), Srinagar had made objectionable and contemptuous remarks against the judiciary in the dossier prepared to justify the detention.
A bench of Justice Moksha Khajuria Kazmi directed the Director General of Police (DGP), J&K to seek an explanation from the then SSP Srinagar, Mr. Imtiyaz Hussain, and initiate action against him for using language that undermines the authority, independence, and integrity of the judiciary, reports LiveLaw.
The dossier submitted by the SSP contained a controversial passage at paragraph 4, stating; “The subject has been given several chances to mend his ways but all in vain… Whenever the subject has been arrested in substantive laws/preventive detention, he managed bail as well as challenged detention orders before the Hon’ble Court by way of using influence and power, as the subject is a kingpin of drug mafia in the Kashmir Valley…”
Taking serious note of this, the Court said such statements were not only baseless but also a direct challenge to the authority and impartiality of the Court.
“The SSP, Srinagar has not only expressed his opinion against the detenue but has also raised aspersions against the judiciary, which is wholly uncalled for,” the Court observed, adding that an officer holding such an important position in the Home Department “is expected to perform his duties with immense responsibility.”
The court said the averments made by the SSP were “not only objectionable but highly lamentable,” emphasising that the officer was neither entrusted with the authority nor obliged under law “to demean this institution and act beyond his limits.”
“This type of practice cannot be allowed to be nurtured lest that may destabilise the entire democratic setup,” the Court warned.
The Court directed the Director General of Police to seek an explanation from Mr. Imtiyaz Hussain and report back on the action taken for his attempt to “demean the stature and integrity of the judiciary and its judicial process.”
The Court also directed the authorities to release Reyaz Ahmad Chana forthwith, if he is not required in any other case. The detention record was ordered to be returned to the counsel for the respondents against proper receipt.
