SRINAGAR,OCT 09:Court puts IO on notice for ‘violating’ SC directions. Observing that there should be no “automatic” arrest of the accused and his family members in matrimonial cases, a local court here has asked the investigating officer (IO) in a case to explain as to why contempt proceedings are not initiated against him for violating Supreme Court directions.Second additional sessions judge Tahir Khurshid Raina Srinagar issued the order in a revision petition moved by the accused (husband) against an order of chief judicial magistrate Srinagar declining to extend interim bail to the accused. The court sought explanation from police investigating officer (IO) asking him as to why a reference of contempt be not sent to the High Court for initiation of contempt proceedings against him for violating the Supreme Court directions.A case of cruelty and criminal breach of trust under sections 498A and 406 RPC was filed by a woman against her husband and his relatives in Women’s Police Station Srinagar.The accused husband was arrested and put behind the bars for ten days in two rounds. The revisional court after perusal of the records observed that that the arrest and detention of the husband was unwarranted.“I am pained to note that a person (accused husband) who was not even initially required to be arrested has remained in custody for ten days in two rounds. His detention was highly unwarranted and in violation of laws, mandate of Supreme Court judgment and article 21 (right to life) of the constitution of India which talks of life and liberty of the person,” the court said.While referring to various Supreme Court judgments, the court said there should be no automatic arrest of the accused and his family members in matrimonial cases unless the IO “draws full satisfaction that arrest is required and inevitable”.The court found that in the case in question, the IO has not complied with the Supreme Court directions and has arrested the accused without any reasonable cause.The court said in the case diary by the IO, nowhere any such findings are recorded that why his arrest was required as per requirements of judgment and what were the compelling factors which warranted his custodial interrogation.”The court said “more unfortunate is that remand has been given by third additional Munsiff, Srinagar, quite oblivious of the mandate of the Supreme Court directions.”“Remand is not a casual exercise, but it encompasses within its ambit, the life and liberty of a person and especially when the offence is 498A, more seriousness is expected from Magistrate as per the Supreme Court judgment,” the court said.“The Chief Judicial Magistrate, Srinagar while taking the accused into custody directed further investigation in the offence under section 498-A, 406 RPC, where even the IO is directed by Supreme Court not to go for mechanical and immediate arrest, but only after drawing full satisfaction,” the court said.
