DM directs PW to defend EMs actions in Courts with proper record,

Shyam Sood
Rajouri June 13:–District Magistrate (DM) Rajouri has directed the Prosecuting Wing (PW) to seek proper record from the Magisterial Courts in the future and defend the actions of the Executive Magistrates (EMs) properly before the Courts.
On June 9, Waqar Lone, a social /political activist (NC), of Budhal town was detained under sections 107 & 117 IPC under the order of Naib Tehsildar ( Executive Magistrate 1st class, Rajouri) after he reportedly posed a threat to his wife after having estranged relations and was in matrimonial dispute.
Next day he was bailed out by a Court as his bail was not objected by the Public Prosecutor as he had not collected the record of the detention from EM’s Court.
Waqar in defiance of the orders of ‘Child Welfare Committee’ (CWC) under the juvenile Justice Act (JJA) has also not restored the custody of the child (minor daughter) to her mother.
In order to prevent any misshapening and apprehension of any threat to the lives of mother & daughter, the proceedings were initiated by the Executive Magistrate and Waqar was detained.
On June 10, Naseem Liaqat, Rajouri DDC Chairman (NC candidate) along with other leaders held a press conference and besides other issues alleged that Waqar Lone, NC’s youth wing leader, was detained/arrested after Deputy Commissioner (DC) arbitrarily excised his powers and directed Naib Tehsildar (NT) to issue a warrant of arrest when the matter between Waqar & his wife is subjudice before the court.
Next day, Nazia Kousar, divorced wife of Waqar, also held a press conference and refuted the DDC Chairman’s allegations against DC.
She said: “Waqar was asked to appear before the Court of ACR/DM as I had raised my daughter’s issue with the Deputy Commissioner. Waqar used some harsh and unparliamentary words and manhandled the officials so he was detained. There was no other reason for his detention” said Nazia.
The issue had become a hot topic of Rajpuri town and individuals, leaders of political parties coming out openly in support of the DDC, Chairman and District Administration.
On June 10, Waqar Lone was admitted to bail by the Court of Additional Sessions Judge as the PP fairly conceded that he has no objection in case the applicant (Waqar) is admitted to bail.
As the PP didn’t raise objections to Waqar’s bail, Rajesh Kumar Shavan, District Magistrate in an order issued on June 11 has directed the prosecuting wing that in future seek proper record from the Magisterial Courts and defend the actions of the Executive Magistrates properly before the Courts.
In the order, DM said that ‘the learned public prosecutor has conceded to the contentions raised by the applicant (Waqar) without even taking record from the Court of Executive Magistrate or seeking any facts of the case.
“Magisterial actions are distinguishable from routine Police actions and the same need to be properly projected before the Appellate/Revisional Courts.