SRINAGAR: The High Court of Jammu & Kashmir and Ladakh at Srinagar has directed the SHO Police Station Sopore to appear in person after taking serious note of what it termed as ridiculing the process of the Court in connection with execution of bailable warrants in a bail cancellation matter.
The direction came from Justice Rahul Bharti while hearing Bail Application No. 3/2025 filed by the Union Territory through Police Station Sopore seeking cancellation of bail granted to Isharat Ahmad Mir in an NDPS case.
The case pertains to FIR No. 30/2023 registered under Sections 8 and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Sopore. The accused, Isharat Ahmad Mir, was granted regular bail by the Additional Sessions Judge, Sopore on August 8, 2024 after having remained in custody since February 23, 2023.
The bail was granted subject to several conditions, including that the accused shall not leave the UT of J&K without prior permission of the court, shall not repeat the offence, shall furnish his contact details and residence information, and shall not influence or intimidate prosecution witnesses. The prosecution was also given liberty to seek cancellation of bail in case of violation of conditions.
Subsequently, the Department of Law, Justice and Parliamentary Affairs, Government of UT of J&K, accorded sanction on November 25, 2024 for filing a petition under Section 439(2) read with Section 482 of the Code of Criminal Procedure seeking cancellation of bail. The petition was filed before the High Court on December 31, 2024.
When the respondent failed to appear despite issuance of notice, the High Court, by order dated October 29, 2025, issued bailable warrants of ₹10,000 for securing his presence and directed the SHO concerned to execute the warrants.
However, a return report dated November 10, 2025 submitted by Police Station Sopore stated that the accused had been taken into preventive detention and lodged in District Jail Kathua. The report further mentioned that he was detained on July 17, 2025 by order of the Divisional Commissioner, Kashmir.
Expressing displeasure, the High Court observed that the SHO was mandated to execute the bailable warrants and serve them upon the respondent, even if he was in custody. Instead of visiting District Jail Kathua for service of the warrants, the SHO returned the process to the Court without executing it.
The Court remarked that such conduct “renders him unamenable to suffer criminal contempt because of interference with the administration of justice.”
Accordingly, the Court directed the SHO Police Station Sopore to appear in person on the next date of hearing and ordered that a copy of the order be provided for compliance. The matter has been listed for February 20, 2026. (KDC)
