Police machinery has collapsed: J&K Court initiates suo motu case against Srinagar SSP for defying court orders

A Srinagar court recently registered a suo motu complaint against Senior Superintendent of Police (SSP) Dr GV Sundeep Chakravarthy over repeated non-compliance with court-issued warrants and directions.

Judicial Magistrate First Class (JMIC), Tarun Mahajan invoked Section 210(1)(c) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to initiate the proceedings against the police officer.

The Court passed the order after the SSP failed to comply with its direction to arrest the Station House Officer (SHO) of Bandipora Police Station.

The SHO had earlier failed to execute an arrest warrant against an accused issued by the Court in March. After the SHO neither executed the arrest warrant nor appeared before the court, the judge directed his superior officers – the SSP and Sub-Divisional Police Officer (SDPO) of Bandipora – to execute bailable warrants against him.

When the SSP and SDPO of Bandipora district also failed to comply with the court's directions, the judge ordered SSP of Srinagar to arrest the SHO. Once again, the Court's orders were met with brazen defiance.

"Above scenario shows that whole police machinery of District Srinagar as well as District Bandipora has been collapsed. This court is amazed and surprised that why the warrant of SHO Bandipora has not been executed till date either by SSP Bandipora or by SSP Srinagar," the Court said in the order passed on July 6.

The Court added that either SHO Bandipora is missing from the police station and has left police station without any information to his superiors or he is evading arrest and has absconded himself

"Except these two reasons this court believes that there cannot be any other reason because his whereabouts are very well known being SHO of district and it may be due to these reasons SSP Bandipora as well as SSP Srinagar were unable to find SHO Bandipora," the Court said.

However, the Court said since nothing of this sort has been reported either by SSP Bandipora or SSP Srinagar, these district police chiefs have "willfully, deliberately & purposely" not executed the warrant lawfully entrusted to them.

"Both these officers are themselves creating hindrance in the administration of justice and instead of executing the warrant against SHO Bandipora are showing full brotherhood for his fraternity member and protecting him with full impunity," the judge further said.

Since the proposed accused is a public servant, the Court directed issuance of a pre-cognizance notice under Section 223(2)(a) of the BNSS, calling upon Chakravarthy to submit a written explanation regarding the circumstances that led to the alleged non-compliance.

The Court also directed Additional Director General of Police/Inspector General of Police, Kashmir to submit a report under Section 223(2)(b) of the BNSS before the next date of hearing.

The matter has been listed next on July 16 for hearing the proposed accused and consideration of the report from the superior police authority.

In the order, the Court also highlighted two other cases where there was similar defiance by SSP Srinagar

"SSP Srinagar has a habit of sitting over the warrants issued by this court and SSP Srinagar has not only defied the orders of this court once but thrice as stated above and same shows that SSP Srinagar has undermined the authority of this court and prima facie abdicated from his duty to execute orders/warrants as were entrusted to him in different cases as stated above," the judge said.

The Court said such repeated omissions prima facie constitute a violation of the statutory duty imposed on police officers under Section 24 of the J&K Police Act, 1961.

It said that SSP Srinagar might be under impression or illusion that he being district police chief is immune from proceedings or prosecution but said illusion, delusion and confusion of him is required to dispelled.

"This court hereby reminds Dr. G.V. Sundeep Chakravarthy, SSP Srinagar (accused herein) that once the warrant is entrusted to him, he has no authority under law to sit over the warrants issued by this court and has no discretionary powers not to execute the warrants and he has no option other than to execute the warrant as it is the lawful and bounden duty of every Police Officer to execute the warrant once entrusted lawfully by the court of competent jurisdiction," the judge said.

[Read Order]