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High Court orders action against cop for remarks against judiciary, Orders release of PSA detainee

High Court of Jammu Kashmir and Ladakh has directed the Director General of Police (DGP) to take action against former Srinagar SSP Imtiyaz Hussain for remarks made in a dossier that, according to the court, demeaned the judiciary.

Justice Moksha Khajuria Kazmi, while hearing a plea challenging the preventive detention of Riyaz Ahmed Channa, observed that Hussain’s language in the dossier was “not only objectionable but highly lamentable.”

“The disrespectful language made use of by the officer in the dossier… is contemptuous to say the least. This type of practice cannot be allowed to be nurtured lest that may destabilize the entire democratic setup,” Justice Kazmi said in the order passed on September 22.

The dossier, prepared to justify Channa’s detention under the Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, claimed that the accused was able to “get bail and challenge his detention orders before courts because of his influence and power as a Kingpin in the Kashmir Valley.”

The Court took strong exception to such remarks. “This is not expected of SSP, Srinagar to reflect his mindset in such a casual and cavalier manner in the dossier. He has not only expressed his opinion against the detenue but has raised aspersions/allegations against the judiciary, which is uncalled for,” the judge remarked.

Directing the DGP to seek an explanation from Hussain, the Court added: “The Director General of Police is directed to seek explanation from the then SSP, Srinagar, Mr Imtiyaz Hussain, with respect to the averments made in the dossier and initiate action against him for trying to demean the stature and integrity of judiciary and its judicial process.”

The Court also quashed the detention order and ordered Channa’s release, “if he is not required in any other case.”

Senior Advocate BA Bashir with advocate Rasic represented Channa, while Senior Advocate Mohsin Qadri and counsel Nadiya Abdullah appeared for the authorities.

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