Srinagar Court Directs DIG Kashmir to Submit Report on Alleged ‘Private Detentions’

‘Can Traffic Police Delegate Its Powers To Private Individuals, Organizations’

The Srinagar Court has directed the Deputy Inspector General (DIG) of Police, Kashmir, to file a detailed report addressing allegations of misconduct and lawlessness involving private individuals who claim to be authorizㅈ Traffic Police in Srinagar.

The Court of Special Mobile Magistrate 13 FC, Srinagar, issued directions in response to a complaint filed by advocate Sarfaraz Wani, who accused the authorities of permitting private individuals to unlawfully detain citizens and misuse their powers, raising concerns about the erosion of law and order.

The complainant’s ordeal, as per complaint, began with the seizure of his vehicle by traffic police for alleged violations. While the complainant does not contest the legality of the seizure or the traffic challan issued against him, he has expressed deep concern over the manner in which the incident unfolded.

According to the complaint, private individuals were allowed to stop and detain the complainant’s vehicle, forcing passengers, including female occupants, to disembark. The complainant also alleges that photographs and videos were taken without consent during the process.

“The complainant is not aggrieved by the
but is deeply disturbed by the high-handedness and apparent lawlessness that occurred, particularly the involvement of private individuals acting as if they held official authority,” the complaint reads.

It further adds that such practices, if unchecked, could lead to anarchy, as private individuals lack the accountability mechanisms applicable to public servants.

The complainant has submitted before court to ensure appropriate legal action against the accused individuals and to address the role of the traffic police in allowing private citizens to overstep their bounds.

Court has instructed the DIG Kashmir to investigate and submit a report detailing the events and the roles of all parties involved. The Court has sought the report to be filed by or before 13 December 2024.

The main contention raised by complainant is that whether Traffic Police can delegate its powers to private individuals or private organization.

Meanwhile, in a separate event, the Traffic Police in its reply to RTI application filed by Advocate Aamir Masoodi has said that Kashmir Road Safety Foundation don’t collect the fine amounts from public/private vehicles for violating the provisions and rules of Motor Vehicles Act and are not authorized for the same.