J&K High Court Criticizes State Counsel For Inability To Read Arrest Memo Written In Urdu, Warns Of Needing To Summon IOs For Judicial Assistance

In his order Justice Atul Sreedharan issued a stern warning that if such circumstances continue, the court will be left with no option but to summon Investigating Officers (IOs) for every bail application to ensure proper judicial assistance.

The remarks were made during the hearing of Bail Application where petitioner Aijaz Ahmed, represented by Mr. Mumtaz Choudhary, claimed to be in judicial custody since October 23, 2020, following an incident that occurred on October 22, 2020.

The First Information Report (FIR) was filed on November 30, 2020, almost 40 days after Ahmed's arrest and the applicant's counsel pointed out this delay in the FIR to the court.

Justice Sreedharan, presiding over the matter, sought the arrest memorandum to better understand the case. However, the state counsel expressed his inability to provide the document as it was in Urdu, highlighting a troubling gap in the legal process.

"A strange state of affairs exists in this Union Territory of Jammu and Kashmir, where documents prepared by the Police are in Urdu and the counsel of the State are incapable of reading it," Justice Sreedharan observed.

The court underscored the need for efficient judicial proceedings and warned that without proper assistance, it would be forced to summon IOs in every bail matter to ensure justice is served. The order mandated the presence of the Investigating Officer in court, without fail, to clarify the arrest details of the applicant.

Additionally, a copy of the order was sent to the Superintendent of Police of District Poonch to ensure compliance. Justice Sreedharan emphasized that any failure to adhere to the court's directive would lead to coercive measures to secure the IO's presence.

Case Title: Aijaz Ahmed Vs UT of J&K

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