High Court stays CJM's order
Early Times Report
Srinagar, Feb 19: The State High Court has stayed an order of the Chief Judicial Magistrate Srinagar, asking police to investigate a complaint filed by a PDP leader Khurshid Alam, claiming National Conference's General Secretary Ali Mohammad Sagar had won from Khanyar constituency due to bogus voting.
"Operation of order impugned dated 04.02.2015 shall stay and investigation, if any being conducted shall be put on hold," a single bench of Justice Hasnain Massodi said after hearing a petition filed by Chief Electoral Officer Srinagar Farooq Shah and eleven other officers who were a part of the election process.
The petitioners have challenged the jurisdiction of Chief Judicial Magistrate to take cognizance in the matter and direct the SHO of Police Station Khanyar to investigate the complaint filed by Khursheed Alam. Petitioners throw challenge to jurisdiction of Chief Judicial Magistrate, to take cognizance in the matter and direct the SHO, Police Station, Khanyar, on the ground that, if necessary, Police machinery, in the background of allegations leveled, is to be set into motion by the Election Commission of India or Chief Electoral Officer and not at the instance of a private person. On February 4, the CJM had asked police to file investigation report in light of the complaint filed by Alam. "In case cognizable case is disclosed, register FIR and proceed expeditiously," the CJM had said and directed police to file report before it. "From the documentary evidence collected, it is abundantly clear that there have been multiple entries of voters, expired, non-existing and non-resident voters, tolling 1946 bogus votes," Alam, who lost the recent assembly polls from Khanyar assembly segment by a margin of 1100 votes had sought lodging of an FIR against Sagar and the officials arrayed as accused by him. |
