Produce notification proving CIK as police station: Court to prosecution
D A RASHID
Srinagar, Nov 3: A court Saturday asked the prosecution to produce the notification attesting the fact that Counter Intelligence Kashmir has the status of Police Station before it on Monday after counsels of two accused raised the plea that CIK sans competence to seek their remand as it is not a police station in terms of law.
Court of 2nd Additional Munsif/ Judicial Magistrate, Srinagar, Iqbal Massodi while granting two days remand to the accused Muhammad Ahsan Dar and Nissar Ahmad Bhat alias Misbahul Haque asked the CPO representing the state to present the notification under which CIK has been declared as Police Station.
The accused were presented in the court by the sleuths of CIK Police Station Humhama seeking their remand in an FIR No 10 of 2010.
Counsels for the accused, G N Shaheen and Babar Bader while opposing the remand of the accused to CIK argued that the same is not a police station in terms of Law saying it is not a statutory body governed under CrPC of Jammu and Kashmir. “The court cannot remand the accused to an investigating agency which has no legal authority to seek the remand,” the counsels argued.
The Chief Prosecuting Officer informed the Court that according to a notification issued by the government in 1971, CIK was declared as Police Station saying it has powers to seek remand of the accused.
However, the counsels defending the accused pleaded that the notification of 71 has outlived its period arguing it had only six months validity.
Counsels also argued that the accused were in the state custody since 2008 and argued that they cannot be presumed to have committed offences outside the jail for which they can be booked in the said FIR.
After hearing the arguments of both the sides, the court asked the CPO to produce the notification showing CIK as police station on Nov 5, 2012.
Lastupdate on : Sat, 3 Nov 2012 21:30:00 Makkah time
Lastupdate on : Sat, 3 Nov 2012 18:30:00 GMT
Lastupdate on : Sun, 4 Nov 2012 00:00:00 IST
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