In Compliance of Apex Court Judgement
Jammu, 24/Nov/2015: In
compliance of directions passed by the Honourable Supreme Court of India in
case titled ‘State of Gujarat Vs Kishanbhai and others’ Senior Superintendent
of District Police Samba has constituted a standing committee wherein Additional
Superintendent of district Police Samba, Faisel Qureshi shall be the chairman
of the said committee having Chief
Prosecuting Officer, DYSP and Senior Prosecuting Officer as its members. This
information is being provided by the Public Information Officer of the Samba
Police to information seeker activist Raman Sharma.
Earlier applicant Sharma had
filed a complaint before the Jammu and Kashmir State Information Commission
against the department of Home, J & K Home government alleging that the PIO
of the home department had denied him the information related to steps being taken
by the Jammu and Kashmir government and police authorities for compliance of
the Supreme Court Judgement in case of State of Gujarat Vs Kishanbhai, in this
important case the apex court had asked for identification of officer(s)
responsible for acquittal of an accused in a criminal case and a finding must
be recorded to trace the lapse whether it was innocent or blameworthy and the
erring officer if any must face the consequences. Depending upon the
seriousness of the case the erring officer may be withdrawn permanently or
temporarily from the investigating responsibilities. The court had also noted “Accordingly we direct, the Home
Department of every State Government, to formulate a procedure for taking
action against all erring investigating/prosecuting officials/officers”.
After a long course of
hearing before the State Information Commission, the Chief Information
Commissioner GR Sufi directed the J & K Police Headquarters and Home
Department to release this important information and also recommended implementation
of the direction of the apex court order in letter and spirit .
In his reply to the
applicant, Virender Singh (DySP Hqrs)
and Public Information Officer, DPO Samba vide his office letter no Hqrs/RTI/19th/2015/6370
dated 21/11/2015 has informed that directions issued by the Honourable Supreme
Court of India in the matter of State of Gujarat Vs Kishanbhai has been shared with the
subordinate units and a standing committee vide order no Legal/2015/2662-69 dated 30/10/2015 has also
been constituted by the Sr. Superintendent
of the district Police samba. This committee will arrange training
programmes as well was refresher courses for the investigating/prosecuting
officers and will also examine all
orders of acquittals and record reasons for the failure of prosecution and
investigating officers.
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