Excelsior Correspondent
Srinagar, Aug 13: The State High Court today directed Inspector General of Police Crime Branch to speed up the investigations into mass irregularities in Elementary Teachers Training (ETT) colleges by deputing more than one police officer for investigations.
The Division Bench of Justice MH Attar and Justice Ali Mohammad Magrey while observing that huge numbers of ETT institutes are involved in commission of crime and as such entrusting the investigation to one investigation officer may not serve the public interest.
“We hope that the IGP Crime Branch will work out mechanism while entrusting investigation to more than one police officer and involved them in investigating the cases of different years so that the investigation is brought to its logical conclusion at the earliest”, court directed.
Court while expressing its dis-satisfaction over the pace of investigation observed: “At the moment, in the manner the investigation is going on, it will definitely take years together for its completion”.
Court said the delay in investigation of a criminal case, in itself, defeats the purpose sought to be achieved by punishing the persons, who commit crimes. “An orderly society needs immediate investigation of crimes and it further needs the culprit to be brought to justice in accordance with law at the earliest. One of the reason for increase of crime in the society, is the ‘delay in investigating’ it and in punishing the accused”, says the bench.
Court after going through the latest status report of Crime Branch said that all those persons who have been prima facie found to be involved in the crime have not till date been arrested as the custodial interrogation of these accused will help the agency (Crime Branch) to unearth the reality at the earliest . “The arrests have not to be made by adopting pick and choose method” adding, ” the IGP, CB to file fresh status report about the investigation being conducted in the cases before next date of hearing”, court directed to IGP.
IGP Crime’s report further stated that properties of those persons involved in the crime have been identified as these properties have been raised through fraud and matter is being pursued.
Commissioner/ Secretary of School Education Department has also filed his status report in terms of previous direction and he states that meeting was held on August 8 in which various issues were deliberated upon including amendment in rules, registration procedure, post registering monitoring mechanism, periodical inspections, ensuring proper functioning of the institutions, fee mechanism adopted by the ETT institutes, who have committed irregularities and illegalities.
Court has also been informed in the status report that Provisions of J&K BOSE Act, its regulations and rules are required to be harmonized. Besides that a decision has been taken to constitute a committee comprising officers from the administrative department also from BOSE to examine the legal provisions and submitting necessary recommendations for amendments.
Court felt that the committee should include the legal experts apart from proposed members as and when it is constituted. “It is deemed necessary that the committee, which is yet to be constituted, shall have legal expert besides officers from administrative department and from BOSE as its members”, said the bench.
Court further added that all the issues which require consideration of the committee and thereafter its recommendations shall have to be carried out consulting the said legal expert.
Commissioner/ Secretary also stated that proposed committee shall explore the possibility of inserting express provisions in the Regulations for strengthening of mechanism for monitoring of ETT institutions to further ensure effective post registration monitoring and to exclude the incidences of bogus classes being conducted and that same does not happen again in future.
With regard to the recovery of fee charged from the students by defaulting ETTs, status report says that prima facie it has been observed that the institutes have cheated the students. “The committee has decided to examine the issue of recovery of amount involved in consultation with the Law department and a decision has been taken to establish a ‘Complaint Registration Mechanism’ in the directorate and in J&K BOSE Head Office to enable the students and their parents as also general public to register their complaints regarding the functioning of ETT institutes.
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