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| Upholds HC order on DC Srinagar | | SC dismisses JK's SLP | |
ET Plus Report
SRINAGAR, Mar 18: The Supreme Court today dismissed SLP of Jammu Kashmir challenging High Court direction of transferring Deputy Commissioner, Srinagar for his alleged involvement in Gulmarg Land Scam.
Upholding the High Court order, a special bench of the SC comprising of Justice R.M. Lodha, Justice J. Chelameswar and Justice Madan B. Lokur dismissed the Special Leave Petition (SLP) preferred by the Government of Jammu and Kashmir. As soon as SLP came up for hearing before the Supreme Court today, senior advocate Gorav Pachananda appearing for the State of Jammu and Kashmir submitted that the judgment of the J&K High Court has already been implemented as the State Cabinet in its meeting held on 15th of March 2013 has transferred Baseer Ahmed Khan from the post of DC Srinagar.
Advocate Shiekh Shakil Ahmed appearing for the respondents in the SLP (writ petitioners) Shiekh Mohammad Shafi and Professor S.K. Bhalla also submitted that the SLP has been rendered infractitious in view of the transfer of DC Srinagar. After hearing both the sides, the Supreme Court dismissed the SLP of State Government and termed it as withdrawn. It is worth mentioning here that on March 13, 2013 the Supreme Court had issued notices in this SLP to the respondents Shiekh Mohammad Shafi and Professor S.K. Bhalla for their appearance before the SC on March 18, 2013 that was on Monday. Both these respondents were represented before the Apex Court by Advocate Shiekh Shakil Ahmed who also informed the court that order of the DB of J&K State High Court has already been implemented by the transfer of DC Srinagar.
In another development the State of Jammu and Kashmir also withdrew its application which had been filed before the State High Court seeking extension of the time for implementing the directions of DB issued on March 4, 2013. The BD comprising of Chief Justice M.M. Kumar and Justice Dheeraj Thakur Singh today after hearing senior Advocate Additional General Gagan Basotra disposed off the application with the observation that although there is delay in implementation but ordered the deemed extension of time.
The legal experts believe that with the dismissal of SLP, precedence has been set in State of Jammu and Kashmir whereby the corrupt and tainted officer have to be kept away from the important and significant postings. They further maintained that DB had passed the historic order of transferring an IAS officer in view of the alleged corruption charged and in view of upholding of the said view by the Apex court it is a warning bell to the tainted and influential bureaucrats who are occupying prime slots in J&K. |
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