Excelsior Correspondent
Srinagar, Feb 19: Jammu and Kashmir High Court today stayed the proceeding of Chief Judicial Magistrate (CJM) Srinagar on the allegation of bogus voting in Khanyar constituency by NC General Secretary Ali Mohammad Sagar in last year’s Assembly election.
In a petition filed by the then District Election Officer for Srinagar along with Returning Officers, Assistant Returning Officers and Booth Level Officers, court stayed the proceedings of CJM (order dated: 4.2.2015 whereby SHO Khanyar was asked to hold investigation in the matter and register FIR if offence is proved to be correct).
Justice Hasnain Masoodi after hearing petitioners counsel, Firdous Parray and counsel appearing for petitioner Khurshid Aalam issued notice to other respondents for filing of reply in opposition to the petition. The court directed: “In the meantime, operation of order impugned shall stay and investigation if any being conducted shall be put on hold”.
Court while keeping the proceedings as well as investigation in abeyance observed that the issue of jurisdiction point (passing of impugned order by CJM) involved in the matter is of grave in nature.
“On consideration, I find, serious and important issues including the issue touching of learned Magistrate to pass the impugned order raised in the petition. The matter, therefore, calls for consideration and till such consideration are accorded, for keeping impugned order in abeyance”, said the bench.
It has been pleaded that CJM while taking cognizance of compliant filed by Aalam and passing the order of investigation has failed to follow the settled procedure as laid down in law and instead of looking into the matter, learned Magistrate is said to have acted in a mechanical manner abdicated his power under the code and gave the liberty to police to register the case.
It has been further submitted before the court that the impugned order amounts to abuse of process of court and is bound to result in miscarriage of justice as the police machinery is to be set into motion by Election Commission of India or Chief Electoral Officer, if necessary, in the back ground of allegation leveled and not at the instance of a private person.
CJM on February 4 had directed the SHO Khanyar to hold the investigation as alleged in the complaint filed by Aalam and register an FIR in case a cognizable offence is disclosed on such investigation.
Trending Now
E-Paper
Follow our WhatsApp channel