A.Q. PARRAY, J. :- On 5-9-1996, an order came to he passed by District Magistrate, Baramulla, in exercise of the powers vested in him under sub-section (2) of Section 17-A of Criminal Procedure Code namely Distribution of business among subordinate Magistrates of the District. In the said order, the District Magistrate, Baramulla has ordered that remand shall be granted by no other Magistrate except the Senior most Magistrate available at a station with the following further clarification and elucidation :-

(i) In respect of Baramulla tehsil, remand shall be granted by District Magistrate only. AC(R) shall grant remand only if District Magistrate is not available. Territorial Tehsildar shall grant remand if and only if both District Magistrate and AC(R) are not available. Non-availability of any Magistrate shall be deemed if and only if the Magistrate is on leave/outside headquarter as per their movement register.

(ii) At Sopore, remand shall be granted by Sub-Divisional Magistrate, Territorial Tehsildars shall grant remand only during non-availability of SDM, if he is on leave/outside his headquarter.

(iii) At Uri, Pattan Gurez, Tangmarg, Sonawari and Vandipora only Territorial Tehsildars shall grant remand. Naib Tehsildars shall grant remands only during period of leave of Tehsildars.

2. It shall have to be ensured that the accused is produced before the Magistrate in the Court properly by the police officer of the authorised rank as per law.

3. The Magistrate shall invariably apply mind and ascertain the physical well being/health conditions of the accused so produced through examination of the accused by the local Medical Officer authorised under law before granting any remand. A copy of the remand/Medical report shall be forwarded to the District Magistrate immediately.

4. The remand order so passed shall be read out to the accused in his/her mother tongue so as to keep him informed about his period of detention under this order.

5. All the Naib Tehsildars in the District shall normally refrain from granting any remand or bail unless it becomes inevitable during absence of senior officers as adjudged by leave sometimes by District Magistrate Baramulla and no other evidence and is specially permitted by the DM.

6. Due care shall be paid to the period for which remand is granted and also to nature of (police/judicial) custody. Reasons shall be clearly specified.

7. It has been noted with great seriousness that Magistrates are not even maintaining records about remands granted. All Magistrates shall maintain comprehensive records of all remands granted by them.

8. The fact of remand having been granted shall be immediately reported by all Magistrates with complete detail to District Magistrate so as to enable this office to ascertain legality of exercise of authority.

9. All Magistrates shall confirm whether the accused has been produced before them within 24 hours of apprehension excluding reasonable travel time;

10. Cases under Section 107 Cr. P.C. shall be heard by the SDM/ACR/Tehsildars."

2. Aggrieved by this order, which in fact has been issued by the District Magistrate, Baramulla just to stream-line the issuance of remand orders of the Executive Magistrates and to restrict in his exercise in the hierarchy, the order has been objected to by the appellants who are officers incharge of certain police stations in the District. The matter came up for consideration before a learned single Bench of this Court, who while hearing the motion of the petition, has disposed of the matter in light of the fact that the Advocate General whose assistance was sought, has assured that the Government be allowed to resolve the matter at their own level.

3. It seems that the Government has not resolved the matter. The matter seems to have been disposed of by learned single Judge with the direction to the Government to constitute a Committee to review and to resolve the matter within a reasonable time.

4. Aggrieved by the order of learned s

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