HC Orders Appearance of DC, SSP Baramulla Over Contempt Petition

SRINAGAR: The High Court of Jammu & Kashmir and Ladakh, at Srinagar, has directed the Senior Superintendent of Police (SSP) and Deputy Commissioner (DC) of Baramulla to appear in person before the court on March, 25, 2024 along with the production of the detainee before it.

According to Srinagar based news gathering agency, a Contempt petition was filed by the mother of detune, who is the resident of Baramulla district, through his counsel Advocate Rafiq Bhat, in the backdrop of the fact that the former was in preventive detention custody vide an Order No. 19/DMB/PSA/2023 dated 20.03.2024 passed by the District Magistrate, Baramulla.

A single bench of Justice Rahul Bharti, while hearing the contempt petition, said that the said preventive detention order came to be quashed by the High Court in terms of a judgment dated 30.12.2023, with a direction to the respondents to release the detenue forthwith, provided he is not required in any other case at the time of the quashment of the order.

“The quashment of the preventive detention had taken place on merits and that too in presence of counsel for the respondents,” the court said.

“The mother of the petitioner waited for more than two months with regard to release of her son out of the preventive dentition custody but has not taken place, which has compelled her to approach this Court again complaining of non-compliance of the writ court’s writ direction issued on 30.12.2023.”

“It is being stated that the petitioner is languishing in jail outside UT of J&K and is in a jail in UP. This is a serious matter which calls for due indulgence of this Court on urgent note. Accordingly, this Court directs the personal appearance of the Deputy Commissioner (District Magistrate Baramulla and Senior Superintendent of Police, Baramulla along-with production of a person of Mubeen Rasool Shenwari before this Court on 25.03.2024,” the court further said.

“A copy of this order be sent to Deputy Commissioner (District Magistrate Baramulla and Senior Superintendent of Police through Registrar Judicial, Srinagar of this Court for notice and compliance,” the court added. (KDC)