Excelsior Correspondent
JAMMU, Oct 5: Additional Sessions Judge Anticorruption Jammu C L Bavoria has accepted the Anticorruption Bureau closure report against ex-JMC Commissioner Mubarakh Singh and others in FIR No 6/2012.
“The closure report assumes jurisdiction to show indulgence, if the facts reveal commission of a cognizable offence by a public servant and the inaction on the part of investigating officer to bring the culprit to justice. But the investigation report reveal that the involvement of BOCA officers/officials is hard to believe”, the Judge said, adding “I do not find any genuine reason to arrive at a conclusion different from the one drawn by investigating officer, because a public servant cannot be put to trial simply on the basis of suspicious alone”.
“There must be at least a prima facie case made out to book a public servant and nothing conclusive has emerged from the evidence collected by successive Investigating Officers which could suffice to form an opinion against the Government officers/officials or against the applicants and in such circumstances the court is left with no option but to accept the closure report”, the Judge further said.
The court said, “the delay appears to have been caused in granting the permission no doubt is a serious concern for which the departmental action may be warranted as stated by the IO but this cannot in no way stated to be of criminal”.
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