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ETT scam: HC rejects plea to quash FIR
4/18/2016 11:06:27 PM
Early Times Report
Srinagar, Apr 18: The J&K high court has rejected a petition filed by one Munish Suri, promoter and sole trustee of Calliope ETT College, Kathua, seeking quashment of an FIR.
Suri had filed the petition on the ground that two FIRs have been registered in respect of commission of offences, which constitute one single transaction and the second FIR, registered at Jammu against him "is illegal in law and deserves to be quashed."
His counsel submitted that FIRs, both at Srinagar and Jammu, have been registered in pursuance to one single communication dated 3 September 2013, sent by the Chairman, J&K BOSE to IGP, Crime Branch Srinagar. He also submitted that the communication was sent because of the Enquiry Report of the Joint Secretary, J&K, BOSE, Srinagar.
The Chairman BOSE had addressed the communication to Inspector General of Police (IGP), Crime Branch, J&K. The communication was sent on the basis of Enquiry Report of the Joint Secretary, J&K, BOSE which brought to surface that Elementary Teachers Training (ETT) Course conducted by ETT Colleges, has, allegedly, turned out to be a huge scandal, where money in hundreds of crores has changed hands in the shape of bribe and almost all stake holders were, allegedly, involved in the loot. The report also revealed that all sorts of malpractices were committed, in as much as, allegedly, neither registration of candidates was done in time nor classes were started and nor were the hostel facilities provided. In the report it was further alleged that the candidates were lured and amounts, ranging from Rs.45, 000 to Rs. 80,000 were extracted from each one of them through touts for providing them degrees/certificates by these ETT Colleges, who had not even fulfilled basic norms/standards laid down by the National Council for Teachers Education. It was also alleged in the report that these Institutions were allowed/permitted to run the courses without issuance of No Objection Certificates from the State Government, which is granted after inspection of these Colleges. It was further alleged in the report that a mafia in league with BOSE authorities is involved in this huge scandal.
"The contention that FIR No. 27 of 2013, on the basis of one single communication, having been registered at Police Station, Crime Branch, Srinagar, would not warrant registration of another FIR, viz. F.I.R No. 36 of 2013 at Police Station, Crime Branch, Jammu, has to be rejected for the reason that the alleged offence has been committed within the territorial jurisdiction of Police Station, Crime Branch, Jammu in respect of the petitioner," the court said, holding it is the Police Station, Crime Branch, Jammu alone, which had jurisdiction to register the case, in view of allegations made against Suri and investigate the same.
"This would also be the fate of all such other owners of the Institutes/Colleges, which are functional and operational in Jammu Division. The Police Station, Crime Branch at Srinagar would have
jurisdiction to investigate allegations made against the owners of those ETT Institutes/Colleges, which are functional and operational in Kashmir Division and over which Crime Branch, Srinagar has the territorial jurisdiction," the court added.
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