Srinagar: The High Court of Jammu and Kashmir and Ladakh has struck down remarks made by the Juvenile Justice Board (JJB), Samba, against Assistant Public Prosecutor (APP) Anu Charak, calling them “uncalled for” and harmful to her professional reputation.
Justice Sanjay Dhar passed the order on Monday while hearing Charak’s plea challenging the JJB’s September 8 directive that censured her conduct and recommended departmental action, reported Live Law.
Charak, posted as APP in the court of the Additional Special Mobile Magistrate, Samba, was also given temporary charge of the JJB. On September 8, while she was recording prosecution evidence before the Magistrate until the end of court hours, she could not appear in a bail matter listed before the JJB. The Board treated her absence as dereliction of duty and asked higher officials to act against her.
The High Court disagreed, observing that adverse remarks against public servants cannot be made casually and must be based on necessity and evidence. Justice Dhar noted that the Board had failed to ascertain the reasons for her absence, which stemmed from a scheduling clash. He added that since the accused in the bail matter was not in custody, the case could have been adjourned.
“Merely because a public prosecutor has been unable to argue a matter or has sought time to prepare the brief does not call for passing of strictures,” the court said.
Calling the JJB’s observations unnecessary for deciding the case, the High Court ordered them expunged and directed that no action be taken against Charak.
