High Court quashes dismissal of 2 cops
Srinagar, May 31: High Court has quashed the dismissal order of two policemen who were arrested allegedly for carrying ammunition in an official vehicle.
Head constables Bashir Ahmad and Mullack Khan of Kupwara were arrested in Jammu in 2001 and booked under Prevention of Terrorism Act (POTA). Later the duo was released on bail.
After their release policemen approached the High Court and filed a petition challenging their dismissal. They pleaded that their dismissal order was passed by an “incompetent person”. Among other contentions, the petitioners had prayed that the dismissal order was not passed in accordance with the set rules as they were not given a chance to present their side.
After hearing the arguments Justice Muhammad Yaqoob Mir issued an order stating: “The dismissal has been ordered without any enquiry or without providing petitioner any chance of hearing. The order of dismissal on the face of it is bereft of legal sanctity as having been passed in violation of Section 126 of the constitution of Jammu and Kashmir read with rule 359 of police rules and also read with rule 33 (2) of the CCA rules.”
“The impugned order of dismissal for the state reasons can not sustain, as such, is quashed. It shall be open for the respondents, if they so choose, to initiate enquiry against the petitioner or to have recourse to other measures available for proceeding against the petitioner,” the order states.
Pertinently, the duo was arrested under FIR number 222/2001 allegedly for commission of offence punishable under section 3, 4, 5, POTA read with ¾ Explosive Substance Act, 12-B RPC (hatching a criminal conspiracy) by police station Nowabad Jammu.
While in custody they were ordered to be detained under the provisions of PSA and finally were released in December 2004. During their detention, they were suspended vide order number 959 of 2001 dated December 26, 2001
Lastupdate on : Mon, 31 May 2010 21:30:00 Makkah time
Lastupdate on : Mon, 31 May 2010 18:30:00 GMT
Lastupdate on : Tue, 1 Jun 2010 00:00:00 IST
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