Jammu and Kashmir High Court orders action against cop for demeaning judiciary

The High Court of Jammu and Kashmir and Ladakh recently criticised a Senior Superintendent of Police (SSP) for trying to demean the judiciary by implying that a man accused of drug trafficking had used his influence to secure bail and challenge detention orders before courts [Riyaz Ahmed Channa vs UT of J&K]..Justice Moksha Khajuria Kazmi has ordered the Director General of Police (DGP) of Jammu and Kashmir to seek an explanation from Imtiyaz Hussain, the police officer who had made the remarks in a dossier prepared by him when he was serving as the SSP of Srinagar. The Court termed his remarks objectionable, contemptuous, and an attempt to demean the stature and integrity of the judiciary."The averments taken in the dossier ... inasmuch as the same pertains to the judicial process and judiciary are not only objectionable but highly lamentable too ... The disrespectful language made use of by the officer in the dossier...is contemptuous to say the least. This type of practice cannot be allowed to be nurtured lest that may destabilize the entire democratic setup ... The Director General of Police is directed to seek explanation from the then SSP, Srinagar, Mr Imtiyaz Hussain, with respect to the averments made in the dossier and initiate action against him for trying to demean the stature and integrity of judiciary and its judicial process," the Court's September 22 order said. .The SSP's remarks were noticed while the Court was considering a plea challenging the preventive detention of one, Riyaz Ahmed Channa.Channa was detained under the Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 on allegations that he repeatedly engaged in drug trafficking activities. SSP Hussain had prepared a dossier to justify the decision to place Channa under preventive detention. In this dossier, the police official added that Channa (detenue/ subject) has been able to get bail and challenge his detention orders before courts because of his influence and power as a "Kingpin in the Kashmir Valley."The Court took strong exception to such remarks."This is not expected of SSP, Srinagar to reflect his mind set in such a casual and cavalier manner in the dossier. He has not only expressed his opinion against the detenue but has raised aspersions/allegations against the judiciary, which is uncalled for," it said..The Court proceeded to direct the DGP to initiate appropriate action against SSP Hussain and report back on compliance. "The action taken pursuant to the direction by the Director General of Police shall be submitted to the Registry of this Court without fail," the Court said. It also quashed the preventive detention order under challenge and ordered the release of the detenue, if he is not required for any other case. .Senior Advocate BA Bashir with advocate Rasic appeared for the Channa.Senior Advocate Mohsin Qadri and assisting counsel Nadiya Abdullah appeared for the respondent authorities..[Read Order]