Excelsior Correspondent
JAMMU, Feb 18: Division Bench of the State High Court comprising 1st Puisne Judge Justice Mohammad Yaqoob Mir and Justice B S Walia today directed the State Vigilance Organization to submit the status of all the FIRs registered with regard to Roshni scam by or before March 19.
When the much publicised PIL titled Prof S K Bhalla Versus State of J&K highlighting land grabbing and encroachment of State land came up for hearing, Advocate Sheikh Shakeel Ahmed with Advocate Rahul Raina appearing for PIL drew the attention of the Division Bench towards the status report of SVO filed on 15-12-2014 pursuant to the directions of the Division Bench dated 12-11-2014.
Advocate Ahmed vociferously argued that the State Vigilance Organization was selectively deleting the names of the senior/ influential officers of the rank of Deputy Commissioner/Divisional Commissioner and proceeding only against the small fries like Tehsildar, Girdawars and Patwaris.
He further submitted that once by virtue of status report filed on 16-12-2014 this Division Bench has been informed that investigation has been concluded as proved against the in-service accused public servants thereafter the SVO/SVC cannot delete the name of any accused public servant without taking court into confidence.
He placed reliance upon the judgment of the Apex Court titled Vineet Narain & Ors. V/s Union of India & Ors. (Hawala Jain Diaries Case) wherein Apex Curt has laid down the law that if after full investigation no prima facie case is made out against any person and case is required to be closed the report must be promptly submitted to the monitoring court for its satisfaction.
“The SVO in its status reports is totally silent about the names of the in service public servants and they are required to be directed to share each and every detail with this court”, he said.
Senior AAG Gagan Basotra strongly rebutted the arguments of Advocate Ahmed and said that all the matters are being processed strictly in accordance with law and the submissions of Advocate Ahmed are pre-mature as it is the domain of the investigating authority to drop the name of any accused if there is no material against him or her.
After hearing counsel for the PIL and Senior AAG, DB directed Senior AAG to submit latest status in all the cases by or before next date of hearing.
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