A close aide of Chief Minister Omar Abdullah and his deputy in the Home Department MoS Home Sajjad Ahmad Kitchloo is set to face ‘rough weather’ in the sensational ‘slapgate’ case.
On Monday, the Chief Judicial Magistrate, Kishtwar, Ajay Kumar Gupta directed the Station House Officer (SHO), Police station, Kishtwar to register an FIR against MoS (Home) and proceed in accordance with the law of the land.
Delivering much awaited judgement in the ‘slapgate’ case CJM, Kishtwar stated,” as our country is governed by the rule of law and no body is above law as such the SHO, Police station, Kishtwar is directed to register an FIR and then proceed in accordance with law laid down by the Supreme Court of India.”
The Judge also strongly noted that the SHO has furnished the ‘so called’ report without following any provisions of the law laid down under Criminal procedure code.
CJM, Kishtwar also directed the senior police officers of the rank of DIG Kishtwar-Doda-Ramban range and SP Kishtwar to monitor the investigation and see that the law of the land shall be implemented in its letter and spirit.
CJM has also noted, “ it is also not understandable as to why the SHO was in so hurry to furnish the ‘so called’ report before the court because the present application was referred to SHO on April 29, 2013 and he was given sufficient time of 15 days to conduct the investigation and furnish the report but at the same time the SHO has furnished the report on the fourth day even without recording the statement of the complainant and registering the FIR, which was otherwise mandatory while conducting the investigation.
Sajjad Kitchloo had reportedly slapped Chief Executive Officer of Kishtwar Development Authority on April 18, 2013 shortly ahead of the visit of Chief Minister in the area. The aggrieved officer, Riaz Ahmad Choudhary, had moved an application in the Police station Kishtwar the same day seeking filing of FIR against the minister for his ‘ uncivilised’ conduct infront of senior police and district officers at Tourist Reception Centre Kishtwar.
As police adopted ‘go slow’ approach the gazetted officer had moved an application in the CJM court seeking registration of an FIR and a thorough probe. After remaining silent for few days even Chief Minister Omar Adullah went on to publicly snub his deputy to calm down the tempers of the angry administrative officials of the state cadre.
Omar had even directed Sajjad Kitchloo to mend fences with the officer by calling on him in his personal capacity. MoS (Home), however, took it lightly and found himself in an embarrassing position on Monday when he was informed about the judgement of the CJM court.
In its order the CJM, Kishtwar has also stated, “ since the present application was referred U/S 156 (3) OF CrPC, it was mandatory for the SHO concerned to register FIR in the present case and then to investigate the matter but the same has not been done by the SHO as he has not registered any FIR.Even the statement of the complainant has not been recorded by the SHO during the ‘so called’ investigation. The CJM noted, SHO in his report had come to the conclusion that no offence as alleged by the complainant in his application has been proved.The same conclusion is otherwise not acceptable without recording the statement of the complainant.