STATE OF J&K Vs. SHAHEED IQBAL

JUDGEMENT

(1.) "Injustice anywhere is a threat to justice everywhere." Said Martin Luther King Jr. Injustice in the very "cathedral" of justice is still worst. It may amount to judicial complicity. The damage suffered may be incalculable in terms of erosion of confidence in the institution of judiciary and the rule of law.

(2.) My Lord Hon'ble Mr Justice Mohd Yaqoob Mir, in his Lordship's capacity as the Administrative Judge of District Poonch, called the record of three Bail Applications titled Maqsood Hussain vs. State of J&K, Shahid Iqbal vs. State of J&K and Shahnaz Akhter vs. State of J&K from the Court of Chief Judicial Magistrate (CJM) Poonch. These related to a case registered under FIR No. 138/2010 for offences punishable under Sections 363/109 of RPC in which the accused had been admitted to bail. On perusal of record his Lordship was of the opinion that exercise of powers under Section 561-A and 498(2) of CrPC may be required to be invoked so as to secure ends of justice. The record of these three files was accordingly placed before Lord Chief Justice who directed listing of the same on judicial side. These were registered as Criminal Reference Nos. 2/2011, 3/2011 and 4/2011. Meanwhile, prosecutrix Rubina Akhter and her mother Hanifa Bi filed petitions under Section 561-A CrPC titled Hanifa Bi & anr Vs State of J&K seeking quashing of orders dated 10.11.2010 and 21.12.2010 passed by CJM Poonch in terms whereof bail was granted to accused Maqsood Hussain, Shahnaz Akhter and Shahid Iqbal with further prayer for getting the matter reinvestigated and for providing security to the petitioners. Prosecutrix and her mother have filed another petition under Section 561-A CrPC No. 30/2012 seeking quashment of order dated 04.08.2011 in terms whereof Sessions Judge Poonch granted bail to accused Mohd Maqsood S/o Mohd Sadiq.

(3.) Prosecutrix and her mother Hanifa Bi have also filed petition under Section 561-A CrPC being numbered as 3/2011 wherein fresh investigation has been sought with further prayer of incorporating of Section 376 of RPC against the private respondents and for cancellation of bail.