The court emphasized that a Magistrate's reference should be made only for compelling reasons in extraordinary circumstances and that a Magistrate has no jurisdiction to direct investigation by a particular agency or set of officers.

JUDGMENT

06.08.2020

The instant reference has been made by Learned Chief Judicial Magistrate, Pulwama, vide his order dated 08.07.2020 passed in the case titled Ajaz Ahmad Dobi & another Vs. State through Police Station, Pulwama. According to the learned Magistrate, some serious and complicated interests of general public are involved regarding which orders and directions are required to be issued which are not within his competence. Accordingly, he has made a reference to this Court for necessary directions.

2) Before coming to the merits of the instant reference, let me give a brief background of the facts of the case.

3) A perusal of the record of the Court below reveals that Ajaz Ahmad Dobi and another, who were booked by Police Station, Pulwama, in FIR No.126/2020 for offences under Section 505(i)B and 153 IPC, approached the Court of Chief Judicial Magistrate, Pulwama, seeking bail in their favour. The application of the accused was declined by the learned Chief Judicial Magistrate vide his order dated 17.06.2020. The learned Magistrate, while dismissing the bail application of the accused, made the following observations:

“At the end of the day what I gathered out of material available before me and from the arguments advanced that the public at large are not feeling safe and seem to be under serious threat at the hands of the alleged accused persons, therefore, in such a situation in a case at this stage discretion is exercised in favour of accused persons, there is every apprehension that the accused persons shall definitely try to destroy the evidence and shall also try to win over the prosecution witnesses which shall destroy very fabric of the investigation. Hence application is rejected being devoid of any merit. Before parting, I am of the considered opinion the investigation in the matter has been conducted in a very casual manner, which has diluted the whole matter, hence I am constrained to convey my serious displeasure. Therefore, keeping into account observation made hereinabove and in order to shift out the matter, and also keeping in view the feeble, faulty and flimsy investigation, I am constrained to pass the following directions in order to conduct effective investigation:

a) SSP Pulwama shall constitute a sit headed by a senior DYSP who shall thoroughly investigate the matter strictly in terms of the observations made herein above.

b) That it is expected newly constituted sit shall apprise this court weekly from the developments of the investigation.

c) That a copy of order shall be communicated to IG Kashmir for information.

4) It seems that a subsequent bail application was moved by the accused persons before learned Chief Judicial Magistrate, Pulwama, and the same came to be disposed of vide order dated 08.07.2020. The learned Magistrate, while declining bail to the accused, reiterated his earlier observations recorded in order dated 17.06.2020 and further made the following observations:

“I have heard Ld counsel for the accused persons and ld. APP for the state and perused the material available on the file. Beaten law on the maintainability of successive bail application is that there must be circumstantial change or new grounds available to the accused persons otherwise successive bail applications are not maintainable. In my opinion ld. Counsel for the accused persons have not succeeded in convincing me on this count. Further perusal of C/D file and other material available on the file clearly reflects that neither SIT has been constituted nor investigation has been carried out as far as above observations are concerned. At this stage ld. APP made a statement at bar that District Police is contemplating to assail the previous rejection order dated 17.06.2020 to the extent constitution of SIT head by Senior DYSP and process has already begun. Attaching due weightage to the statement made by ld. APP, the SSP Pulwama, is left at liberty to avail and exercise his constitutional right, but even then it is the