Excelsior Correspondent
SRINAGAR, May 7: High Court has quashed FIR registered by the Crime Branch (ACB) in a Rehbar-e-Taleem appointment case as the issue involved was already settled by the court.
The court while expressing its displeasure over the act of the CB by registering the FIR said the finding of fact returned or accepted by court cannot be made subject matter of criminal investigation to nullify the said finding or return a contrary finding.
Justice Javed Iqbal Wani while quashing the FIR and the subsequent proceedings of outcome of the FIR said the issue of civil nature (appointment of Govt post) cannot be transformed or camouflaged as criminal disputes.
“The fact of the matter is that this court after getting the matter enquired by Assistant Commissioner while considering the plea filed by the one of the candidates returned a clear cut and categoric finding that one Ruqaya Tasleem was resident of Ward 3 and in law, any further investigation by police in the matter having regard to the facts and circumstances of the case, in furtherance of the impugned FIR, would in essence amount to abuse of process of law”, Justice Iqbal recorded.
Court said that as such process per se is destined to fail as no finding on this issue could be returned by any organization or forum contrary to the finding returned by the Court by passing a judgment already in the year 2013, so as to nullify the said finding of the fact and any investigation or enquiry aimed at is certainly and obviously going to cause miscarriage of justice.
Court said if such investigation is being allowed to continue and not stopped at the inception, more so in view of the judgment passed by the court already while considering the challenge to the report of the enquiry of the Assistant Commissioner in a writ petition had already observed that the finding of the Assistant Commissioner about the residence of Ruqaya Tasleem that she was resident of Ward 3 and not of Ward 4 was the only available view that could have been taken in the matter.
“In presence of such a position, it is not conceivable as to how a different view can be even permitted to be taken now in the matter by any authority including the respondents-Crime Branch (ACB). The respondent-Crime Branch surprisingly has not adverted at all to the judgment already passed by the Court on the issue and has conveniently tried to ignore the same giving credence to the allegations of the petitioners that the impugned FIR is motivated by malafide considerations”, Justice Iqbal added.
Court said, the power to quash FIR and consequent investigation is supposed to be used very sparingly and rarely but has to be exercised when the Court is satisfied that the registration of FIR is an abuse of process of law or will result in miscarriage of justice or when it appears that a civil dispute has been camouflaged as an offence or is motivated by malafide considerations.
Court after having regard to the legal position and hearing Advocate Khawja to the facts of the issue involved, considered and analysed the instant petition, said the petition deserve to be allowed and accordingly allowed the same with result quashing impugned FIR including the proceedings initiated there-under.
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