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| DB disposes off much publicized timber scam | | Directs trial Court for expeditious trial | | Jammu, March 13
Division Bench of J &K High Court Jammu wing, comprising Justice Nirmal Singh and Justice JP Singh, in a much publicized Public Interest Litigation filed in timber scam, disposed as having rendered in-fractious, and directed the Trial Court to conclude the trial expeditiously preferably within a period of six months by taking the proceedings on day to day basis. In case, the Trial Court finds any difficulty in concluding the trial within six months, it shall make reference for extension of time by giving reasons.
This significant judgment written by Justice Nirmal Singh for the Division Bench, after hearing Sr. Advocate ZA Shah along with Advocates KN Bhat, Sunil Sethi and Vipin Gandotra for the respondents and Sheikh Shakeel Ahmed for the PIL, observed that the contention raised by Senior Advocate ZA Shah that before entrusting the investigation to the CBI, the accused should have been heard, is not sustainable at the hearing. When it was pointed out by the Sr. Advocate Shah whether there is any provision in the Code of Criminal Procedure that during the investigation the accused are to be heard on the point as to which agency is to conduct the investigation, he very fairly and candidly made a statement that there is no such provision.
DB further observed that we are of the opinion that it is prerogative of the prosecution to hand over the investigation to any agency after registration of the case. When this Court has taken cognizance of the matter in a PIL that it was well within its competence to take away the investigation from the state agency and hand over the same to CBI when prima-facie it appeared that the state agency has not acted in fair manner. Therefore, no right of the accused has been violated and ground taken by the applicant that the writ petition is maintainable fails. The investigation has been completed and report has been submitted before the Court of Chief Judicial Magistrate Jammu, who after hearing the accused has found prima-facie case against him. The applicant/accused has been charge-sheeted. Thus, no case is made out to recall order of September 12, 2005 passed by this Court (investigation entrusted to CBI). The CMP filed by the accused-applicant seeking a direction to dismiss the petition is found to be without merit and is dismissed.
DB on the issue of release of timber seized by the Investigating Agency further observed that the applicant/accused would be at liberty to move an application before the Trial Court and in case any such application is moved, the Trial Court shall pass appropriate orders in accordance with the law. As the CBI has completed the investigation report and charge framed against the applicant/accused, therefore, no further direction is required to be passed in this petition which shall stand disposed off as having rendered in-fractious. It is however, made clear that order passed by this Court will not effect the merit of the case. With these observations and directions, DB also disposed off CMPs filed in this petition.
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