In a significant legal development, a Srinagar court has initiated suo motu proceedings against Dr. GV Sundeep Chakravarthy, Senior Superintendent of Police (SSP), for repeated non-compliance with judicial mandates. The Judicial Magistrate First Class (JMIC), Tarun Mahajan, invoked Section 210(1)(c) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to commence action against the police officer.
The court’s decision arose after the SSP failed to abide by an order to apprehend the Station House Officer (SHO) of Bandipora Police Station. Initially, the SHO did not execute an arrest warrant against an accused issued by the court in March. Despite the court’s orders, the SHO neither executed the warrant nor appeared before the magistrate, prompting the judge to direct superior officers, including the SSP and the Sub-Divisional Police Officer (SDPO) of Bandipora, to carry out bailable warrants against the SHO.
When the SSP and SDPO of Bandipora District also disregarded the court’s directives, the judge instructed the SSP of Srinagar to enforce the arrest. However, this order too met with non-compliance, prompting the court to express serious concern over the apparent breakdown of the police machinery in both Srinagar and Bandipora.
“The entire police machinery of District Srinagar as well as District Bandipora appears to have collapsed,” stated the court in its July 6 order. The court speculated that the SHO Bandipora might be absconding or missing, as his whereabouts should be known given his official position. The court noted that this situation suggests that the SSPs of Bandipora and Srinagar either cannot find the SHO or are deliberately failing to act.
Further, the court criticized the SSPs for seemingly obstructing justice by protecting the SHO instead of executing the warrants. The court highlighted that the officers’ actions are willful and deliberate breaches of duties.
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Given that the accused is a public servant, the court issued a pre-cognizance notice under Section 223(2)(a) of the BNSS, requiring Chakravarthy to provide a written explanation for the non-compliance. Additionally, the court directed the Additional Director General of Police/Inspector General of Police, Kashmir, to file a report under Section 223(2)(b) of the BNSS by the next hearing date, scheduled for July 16.
The court also referenced two other instances of defiance by the SSP Srinagar, noting a pattern of undermining judicial authority. The court emphasized that such repeated failures by the SSP represent a prima facie violation of the statutory duties imposed under Section 24 of the J&K Police Act, 1961.
The court sought to dispel any misconceptions the SSP might have regarding immunity from legal action, reminding him that executing court-issued warrants is a fundamental duty of his position.
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“Dr. G.V. Sundeep Chakravarthy, SSP Srinagar, must understand that he has no authority to ignore court-issued warrants. His duty is to execute them as mandated by law,” the judge asserted.
