Examiner Bureau | Srinagar:
A court in Srinagar has initiated suo motu proceedings against Senior Superintendent of Police (SSP) Srinagar, Dr G.V. Sundeep Chakravarthy, IPS, over the alleged repeated failure to execute court-issued warrants and comply with judicial directions.
In an order, City Judge Tarun Mahajan registered the proceedings under Section 210(1)(c) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, observing that the SSP’s repeated inaction prima facie amounted to a violation of duties prescribed under Section 24 of the Jammu and Kashmir Police Act, punishable under Section 29 of the Act.
The proceedings arose during the hearing of a complaint titled Ghulam Mohammad Rather vs Ajaz Ahmad Lone, in which warrants issued against the accused allegedly remained unexecuted despite repeated judicial directions.
According to the court order, after the Bandipora Police failed to comply with multiple directions, the court entrusted the SSP Srinagar with the execution of a warrant against the then Station House Officer (SHO), Bandipora, under Section 81 of the BNSS. However, the court noted that no compliance report was submitted and the warrant remained unexecuted.
The order further referred to two other cases involving warrants against the SHOs of Rajpora in Pulwama and Kupwara police stations, in which the SSP allegedly failed to ensure compliance. The court observed that the repeated omissions appeared to indicate a pattern of non-compliance with judicial orders.
The court noted that police officers entrusted with the execution of warrants are under a statutory obligation to carry out such directions and have no discretion to withhold their execution. It added that prompt compliance is mandated under the Jammu and Kashmir Police Act.
Holding that a prima facie case was made out, the court registered the suo motu proceedings against the SSP under Sections 24 and 29 of the Jammu and Kashmir Police Act.
As the matter concerns a public servant, the court directed the issuance of a pre-cognisance notice to Dr Chakravarthy under Section 223(2)(a) of the BNSS, seeking his written explanation regarding the circumstances that led to the alleged non-compliance.
The court also directed the Additional Director General of Police (ADGP), Kashmir, and the Inspector General of Police (IGP), Kashmir, to submit a report under Section 223(2)(b) of the BNSS before the next date of hearing.
Copies of the suo motu complaint and its annexures have been ordered to be served on the SSP Srinagar and the ADGP/IGP Kashmir through official channels.
The matter has been listed for further hearing on July 16.
