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Synopsis

The Jammu and Kashmir and Ladakh High Court has sharply criticised the state counsel for their inability to read arrest memos written in Urdu, highlighting a significant impediment to judicial proceedings.

“A strange state of affairs exists in this UT of J&K, the documents prepared by the Police are in Urdu and the counsel of the State are incapable of reading it,” the court remarked.

The court made the observation while hearing an application for bail, wherein the petitioner Aijaz Ahmed, had been in judicial custody since October 23, 2020. The incident in question occurred on October 22, 2020, and the First Information Report (FIR) was filed on November 30, 2020—nearly 40 days later. The petitioner’s counsel, Advocate Mumtaz Choudhary, pointed out this considerable delay to the court.

During the hearing, Justice Atul Sreedharan, presiding over the court, requested the arrest memorandum to gain a better understanding of the case. However, the state counsel, GA Eishaan Dadhichi, expressed his inability to provide the document as it was written in Urdu.

“Under the circumstances, there is no assistance to the court in order to expeditiously hear and decide the bail applications,” the court stated.

In a stern warning, Justice Sreedharan declared that “If this condition continues, the Court would have no other option but to call the Investigating Officers in each and every bail applications and direct the AG office to ensure that the I.O (Investigating Officer) in each of these cases are present before this Court.”

To ascertain the exact date of Ahmed's arrest, the court scheduled the case for July 2, 2024, while mandating the presence of the Investigating Officer (IO). The court emphasised that it would not tolerate any excuses for the IO's absence and would resort to coercive measures if necessary.

Furthermore, Justice Sreedharan ordered a copy of his ruling to be sent to the Superintendent of Police of District Poonch to ensure compliance. A copy was also directed to be given to the office of the Advocate General under the seal and signature of the Bench Secretary.

 

Cause Title: Aijaz Ahmed v UT of J&K & Anr [Bail App No. 197/2023]