HC stays operation of Trial Court order against senior IAS officer

Excelsior Correspondent

JAMMU, July 26: High Court today stayed the operation of Trial Court order whereby directions were issued to Director Vigilance to approach competent authority and seek permission for launching prosecution against former Chief Secretary of J&K B R Sharma, who is presently Additional Secretary in the Union Home Ministry.
The stay was granted in a petition filed by B R Sharma challenging the order of Trial Court on various grounds.
After hearing Senior Advocate Sunil Sethi with Advocate Parimoksh Seth appearing for the petitioner, Justice M K Hanjura issued notice to the respondents and in the meanwhile directed that operation of order impugned dated 15.06.2017 passed by 1st Additional Sessions Judge, Baramulla shall remain stayed till next date of hearing.
Earlier, during the course of hearing Senior Advocate Sunil Sethi submitted, “the order impugned is factually incorrect as the petitioner is nowhere involved in the offence as alleged because the petitioner had only written a letter to the Home Department on the issue without taking any decision in the matter and the petitioner by no stretch of imagination can be said to be involved in the conspiracy”.
“The court has passed the order impugned without looking to the charge-sheet and for reasoning which is not legally sustainable”, he further said, adding “Trial Court has further lend itself to irregularity in not even looking to the relevant provisions of law”.