Excelsior Correspondent
JAMMU, Jan 28: Division Bench of High Court comprising Chief Justice Pankaj Mithal and Justice Rajnesh Oswal today condoned the delay in all the review petitions including the one filed by the Government of Union Territory over the judgment in the much-publicised Roshni land scam.
“In view of sufficient cause shown due to pandemic situation the review petitions filed in this case deserve to be heard on merits and in the interest of justice”, the DB said.
Advocate General D C Raina assisted by Additional Advocate General Aseem Sawhney made submissions before the Division Bench that there are about 47 review petitions filed against the October 9, 2020 judgement in the Roshni matter whereby the High Court had referred the matter to the CBI and declared the Roshni Act as null and void abinitio.
He submitted before the bench that the Government of Union Territory of Jammu and Kashmir was not opposed to the Roshni judgement but was seeking only a limited review in order to make out a way for the small, landless people and other affected people and also in cases where the Anti-Corruption Bureau of Jammu and Kashmir had submitted its final report before the court or concluded the investigation.
Advocate General said that the review petitions filed till today should be heard and a time frame be fixed for filing review petitions as the same would keep on pouring in.
Battery of other lawyers appearing for various review petitioners also made their limited submissions and requested before the bench that the physical hearing be permitted or a hybrid system be evolved so that the bench could be assisted properly.
On this, the Division Bench observed, “though petitions filed till today would be considered and rest of the petitions filed later or being contemplated to be filed would be considered on their own merits as same would be treated as delayed”.
The DB directed that on the next day endeavours would be made either to hear this matter in a hybrid manner with physical and video conferencing both and all counsels can attend the proceedings through video conference or in physical mode.
The DB court fixed the matter for ending February 2021.
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