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POONAM A. BAMBA
Jamshed Adil Khan – Appellant
Versus
Union Territory of Jammu and Kashmir – Respondent
JUDGMENT
Poonam A. Bamba, J.:
1.0. Vide this writ petition under Article 226 of The Constitution of India r/w Section 482 of Code of Criminal Procedure (Cr.P.C), the petitioner has prayed as under:
"(a) Issue a Writ of Certiorari or any other Writ, Order of direction of like nature quashing the Summons dated 17.03.2022 bearing No. SDPO/PMP/C-3/2022/1540 and No. SDPO/PMP/C-3/2022/1541 issued by the Office of the Sub-Divisional Police Officer Pampore and any other consequential notices and/or orders that may be passed qua the Petitioners in FIR no. 153/2021 of Police Station Pampore u/s 370, 120-B Indian Penal Code and Section 81 of the Juvenile Justice Act;
(b) Pass such other and further order(s) as this Hon'ble Court may deem fit and proper in the facts and the circumstances of the case."
2.0. It is submitted by the petitioner that :
(i) the petitioner no. 1 is an investigative journalist. A report prepared by the petitioner no. 1 regarding giving in adoption the children orphaned during Covid-19 for a price, was broadcast on air on 30.11.2021 followed by the publishing of an article titled `The Pandemic's ruthless toll - Covid orphans up for sale';
(ii) on 01.12.2021, the Chairperson
A Police Officer making investigation may require attendance of “any person being within the limits of his own or any adjoining station ”, thereby, clearly and unequivocally setting limits to the jur....
The term 'adjoining station' in Section 160(1) Cr.P.C. can include a police station declared as a police station for an entire state, in relation to another police station declared as a police statio....
The main legal point established in the judgment is the distinction between Section 160 Cr.P.C. and Section 41-A Cr.P.C. in summoning witnesses and conducting preliminary inquiries, emphasizing the b....
The jurisdiction under Article 226 of the Constitution of India cannot be taken away by any subordinate legislation, and the court must protect individual liberties and rights under Article 21.
(1) Alternative remedy is not a bar to exercise of jurisdiction under Article 226 of Constitution of India.(2) Section 160 of Cr.P.C. it must apply even to investigations of CBI.
Jurisdiction of Investigating Officer under Section 160 Cr.P.C. and the right of the accused against self-incrimination
The court affirmed that notices issued under Section 179 of the BNSS are valid for investigative purposes and not subject to challenge if statutory provisions are followed.
Summons under Section 179 BNSS cannot be issued during preliminary enquiry without FIR registration, as power exercisable only during investigation commencing post-FIR.
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