IMPORTANT POINT : Judicial restraint and discipline are as necessary to orderly administration of justice.

Judgment :

Petitioner has invoked the jurisdiction of this Court in terms of Section 482 of Code of Criminal Procedure with the prayer for calling the record of Criminal Challan/FIR No. 25-Sessions titled State of J&K Vs. Bashir Ahmed and ors. from the Court of 3rd Additional Sessions Judge Jammu (Special Judge u/ss22 of NIA Act) and for expunging the adverse remarks, observations and directions made by the Ld. Judge in order dated 02.06.2021 against the petitioner at page No. 15, 16 & 17 of the order dated 02-06-2021 and for quashing/setting aside the impugned adverse remarks and observations made against the petitioner on the following grounds:—

(i) that the petitioner is a citizen of India and permanent resident of UT of Jammu and Kashmir and fully entitled to invoke the inherent criminal jurisdiction of this Court for protection of his fundamental rights guaranteed to him under the Constitution of India, and is aggrieved of the order dated 02.06.2012 passed by the Court of Ld. 3rd Additional Sessions Judge Jammu in criminal challan/file No. 25/Sessions titled State through SHO P/S Dachhan Vs. Bashir Ahmed and others arising out of FIR No. 01/2020 registered with Police Station Dachhan Kishtwar for offences u/ss 13/18/19/38/39 of Unlawful Activities Prevention Act r/w offences u/ss 3/25 & 7/25 Arms Acts, whereby, Ld. Trial Court while adjudicating the issue of framing of charges against the accused persons, passed certain uncalled for strictures, observations and directions against the petitioner who was the Investigating Officer (I/O) in the said FIR No. 01/2020, the impugned observations are aimed at causing grave and serious prejudice to the service career and rights of the petitioner;

(ii) that the petitioner is a direct recruit in J&K Police and has been appointed to the post of Dy. Superintendent of Police and was posted as Dy. Superintendent of Police (HQ) Kishtwar, and while serving as Dy. SP (HQ) Kishtwar, the petitioner was assigned the investigations in case FIR No. 268 of 2019 of Police Station Kishtwar for offences u/ss 13/18/19/20/38/39 of Unlawful Activities Prevention Act r/w Sections 3/25, 7/25 & 7/27 of Arms Act and case FIR No. 01/2020 registered with Police Station Dachhan Kishtwar for offences u/ss 13/18/19/38/39 of Unlawful Activities Prevention Act r/w sections 3/25 & 7/25 Arms Acts;

(iii) that in case FIR No. 268/2019 of Police Station Kishtwar, an information was received on 02.12.2019 from reliable source that a militant namely Tariq Hussain S/o Mohd. Amin Wani R/o Sounder Dachhan had joined a band militant organization and had made a hideout near Ikhala Forest where he has kept arms and ammunition with the intention to disrupt the peaceful environment of Kishtwar and to secede the Union Territory of J&K from India, the accused persons always remained in lurk to attack the integrity and threatening the sovereignty of the Nation, on this report, the aforesaid FIR was registered and investigation was assigned to the petitioner;

(iv) that in case FIR No. 01/2020 of Police Station Dachhan, the brief facts are, that on 02.01.2020 it was reliably learnt at Police Station Dachhan that as many as 10 accused persons namely (i) Mohd. Hassan s/o Dulla Gujjar R/O Gujjar Kothan Dachhan, (ii) Saddam Hussain Wani S/O Mohd Amin Wani R/O Suid Dachhan, (iii) Ghulam Nabi Chopan S/O Abdul Aziz Chopan R/O Trungaie Dachhan, (iv) Bashir Ahmed Mangnoo S/O Lal Din Magnoo R/O Khripakhnoo Dachhan, (v) Wali Mohd. Sheikh S/O Ghulam Mohd Sheikh R/O Sewarbatti Dachhan, (vi) Mohd. Ramzan Sheikh S/O Mit Zaman Sheikh R/O Sewarbatti Dachhan, (vii) Yasir Hussasin S/O Gul Mohd Dar R/O Sewarbatti Dachhan, (viii) Khazer Mohd. Sheikh S/O Habib Sheikh R/O Sewarbatti Dachhan, (ix) Bashir Ahmed Sheikh S/O Abdul Gani Sheikh R/O Sewarbatti Dachhan & (x) Zahoor Ahmed Butt S/O Sannaullah Butt R/O Lorna Dachhan through underground network are associated with banned organization Hizbul Muzahideen (HM) and the said persons are harboring and providing