Full Judgment
Bashir A. Kirmani, J.
1. During inspection of the records of various courts in District Kupwara, following files of Executive Magistrate/Assistant Commissioner Kupwara, were retained. Perusal, thereof revealed that judicial intervention might be called for, so, the files were had listed after assumption of revisional jurisdiction to assess the legality etc. of orders passed and proceedings held therein.
2. Perusal of file No. 9 of 2007 captioned 'Gh. Nabi v. Gulla and Ors.' reveals that while, proceedings Under Section 145 of Cr.P.C, Ld. Executive Magistrate passed two orders on 4th June 2007, under one he attached the allegedly disputed land and under another directed issuance of notice to other side and pasting of copy thereof near the attached land; which ex-facie suggests that attachment order under Sub-section (4) of Section 145 was passed before the preliminary order Under Section 145(1), only whereafter he could have assumed jurisdiction. The proceedings thus ex-facie suffer from irregularity which is required to be gone in to further.
3. (a) In file No. 6 of 2007, captioned 'Mst. Zaina v. Hussain Sheikh and Ors.' Executive Magistrate/Assistant Commissioner Kupwara appears to have initiated proceedings Under Section 145 without assumption of jurisdiction under Sub-section (1) and conducted proceedings without a preliminary order without which he could not have assumed jurisdiction, rendering legality of the proceedings doubtful which requires further judicial scrutiny.
(b) Same is the case in file No. 1 of 2005 captioned 'Gh. Ahmed lone v. Mohi ud din Khan and Ors.' pending before Executive Magistrate Kupwara whereunder enquiry appears to be under way on an application instituted Under Section 145 Cr.P.C without any preliminary order on record, which exposes the proceedings to a serious legal challenge.
(c) Almost similar is the situation in file No. 8 of 2007 captioned 'Gh. Ahmed Malik v. Mohd Zaman Malik' wherein Executive Magistrate concerned is shown to be conducting the enquiry according to a self made procedure rather than asking the parties to furnish affidavits in support of their claims and deciding the matter lawfully.
4. Perusal of the record of proceedings in all the above mentioned files thus, reveals that ex-facie gross irregularities/improprieties have been allowed to creep in the proceedings along with certain illegalities in interim orders, passed therein, and accordingly all these files are assigned to Ld. Sessions Judge Kupwara, who in exercise of revisional jurisdiction would examine the legality propriety and regularity of proceedings taken therein and pass appropriate orders after hearing all parties. Records of these files be transmitted to said Court immediately.
5. Before parting 1 feel strongly persuaded to observe that the cases mentioned above are sufficiently illustrate how important judicial proceedings are suffering at the hands of reckless magistracy whether because of incompetence or questionable integrity, this phenomenon is bound to recoil on the system. The government would therefore, do the needful well by arranging instructive orientation courses for executive magistrates for imparting the minimum legal knowledge required for proper discharge of their functions which needless to say is expected to be done with due dispatch.
6. Meanwhile, in order to prevent any further abuse at the hands of concerned Magistrate, who appears to be an Assistant Commissioner of the District, the District Magistrate concerned is directed to withdraw all pending criminal cases from him and assign them suitably for appropriate proceedings. In future also he would assure that no criminal proceedings are assigned to said Magistrate. For conveying the direction a copy of this order be communicated to him. Chief Secretary of the State be also served with a copy to take notice of the observations made.
Disposed of.