- In Neelofar Rasool v. Imtiyaz Ahmad Ahangar & Ors, the High Court of Jammu and Kashmir and Ladakh held that the duty of Protection Officer in Domestic Violence Cases does not involve undertaking either mediation or conciliation.
- The Hon'ble Court further said that the Protection Officer is only under a statutory duty to help the Magistrate in discharge of his functions under the DV Act and to comply with any directions or orders passed by such Magistrate.
- The matter came before the Court when the petitioner, the alleged victim of domestic violence, was allowed to reside in the shared household in Srinagar by the Additional Munsif.
- The Ld. Munsif Court also refrained the petitioner's husband and the in-laws from committing any further acts of domestic violence against her.
- Thereafter, the husband of the alleged victim filed a civil suit in relation to the shared household.
- Subsequently, the petitioner laid an execution motion in the Munsif Court u/s 151 CPC, and the Protection Officer was directed by the Ld. Trial Court to ensure the order is complied with.
- However, the Protection Officer delayed in executing the said order and it resulted in forcing the petitioner to approach the High Court.
- The counsel of the petitioner argued that the Protection Officer deliberately disregarded the orders of the trial Court by holding a parallel Court to decide whether the petitioner should be allowed to live in the shared household or not.
- Within one week of filing the petition in the Hon'ble High Court, the petitioner was put in possession of the shared household and was also given the custody of her minor child along with the arrears of maintenance.
- In a single bench consisting of Justice Javid Iqbal said that the Protection Officers have statutory duty to comply with the order of the Court and to execute the same on the Court's direction.
- The Court further observed that mediation or conciliation does not come under the ambit of a Protection Officer's duty.
- Keeping the facts and circumstances of the case in mind, the Court laid down 6 guidelines.
- First guideline is that it will not be the duty of the Protection Officer to mediate between the parties.
- Secondly, it is the statutory duty of the Protection Officer to assist the magistrate and execute his orders.
- Thirdly, a Protection Officer can be nominated to be easily accessible to the victim.
- Fourthly, such a Protection Officer will be given proper training for the same.
- Fifthly, the magistrate should ensure the presence of the Protection Officer while passing orders.
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