Infamous Gulmarg land scam
Excelsior Correspondent
JAMMU, Oct 18: In the much publicized Gulmarg land scam, High Court of Jammu & Kashmir and Ladakh today allowed the appeal filed by CBI and transferred the case from Special Judge Anticorruption Baramulla to Special Judge CBI Srinagar.
The CBI preferred the application for transfer of charge-sheet titled “VOK Vs Mehboob Iqbal and Others” pending before the court of Special Judge, Anti-Corruption Baramulla to the court of Special Judge (CBI), Srinagar on the ground that pursuant to the directions issued by the High Court vide its order dated 09.10.2020 in PIL No.19/2011 the applicant had approached the court of Special Judge Anti-Corruption, Baramulla for providing original documents to the applicant for conducting further and thorough investigation and for transfer of the charge-sheet to the court of Special Judge (CBI), Srinagar.
Both the applications of the applicant were dismissed by the court of Special Judge, Anti-Corruption Baramulla vide order dated 25.05.2021 with the observation that the court cannot transfer the charge-sheet to the court of coordinate jurisdiction and further no such direction for transfer of the charge-sheet to the court of Special Judge (CBI) Srinagar, has been issued by the High Court vide order dated 09.10.2020.
After hearing both the sides, Justice Rajnesh Oswal observed, “in terms of the order of the Division Bench, the applicant-CBI has been directed to conduct thorough investigation in all the cases wherein charge sheets have been filed by the Anti-Corruption Bureau and if necessary, file additional charge sheets in those cases”.
“There are designated courts both in Jammu and Srinagar to try the cases exclusively, which are investigated by the CBI. The Special Court at Srinagar, to try the cases, investigated by the CBI was constituted vide Government order dated 980-LD(A) of 2015 23.02.2015”, High Court said, adding “the case was further investigated by the Central Bureau of Investigation (CBI) and once the Special Court at Srinagar has been constituted for exclusive trial of the cases investigated by the CBI, then the special court constituted for exclusive trial of the cases investigated by the CBI, can only conduct the trial”.
“So far as present case is concerned, in case the applicant is permitted to file supplementary charge sheet before the same court where the charge sheet filed by the ACB is pending, the private respondents may raise an objection with regard to the competence of the Special Judge Anti-Corruption Baramulla to try the case, when the special court to try the cases investigated by CBI has been established by the Government at Srinagar”, High Court said, adding “the contention raised by the private respondents that the order pursuant to which the further investigation was conducted by the applicant is under review before the Division Bench as such proceedings in the present application deserve to be deferred till the decision of the review by the Division Bench, is misconceived and as such, the same is rejected”.
“If the proceedings are deferred, it would delay the disposal of the charge sheet. The judgment relied upon by the senior counsel does not lay down any law so far as the present case is concerned”, High Court said, adding the charge sheet titled “VOK Versus Mehboob Iqbal and others” pending before the Special Judge, Anti-Corruption, Baramulla is required to be transferred to the court of Special Judge, CBI, Srinagar.
High Court directed the Special Judge Anti-Corruption, Baramulla to transmit the record of the charge sheet to the court of Special Judge CBI Srinagar forthwith.
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