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| HC dismisses PIL seeking CBI probe in VK Singh's allegations | | | Et Report
Jammu, Oct 11: The High Court has dismissed a PIL seeking CBI probe into former Army Chief, general VK Singh's allegations.
In a PIL filed by Sudershan Singh Wazir a former President of a Statutory Body, J&K State Sikh Gurudwara Parbhandak Board and is heading number of social and sports bodies. He holds LLB Degree from the Jammu University. He is a businessman having education institutions and dealing in import and export business. He, being a humble but proud Indian, is genuinely interested and involved in public welfare, nation building and binding efforts, seeking direction to DGP J&K to register an FIR and investigate the matter, as reported and emanating from print and electronic media reports about the user and utilization of Secret Service Funds (SSF) by respondent no.4 to 'find out as to the said funds being aimed for which purpose and applied for which end purpose.
In the petition it has been submitted that alive to the political scenario in the state of J&K which is passing through a very crucial period of history where any wrong action on the part of persons holding the authority at appropriate places will have catastrophic effect on the future of the state, is shaken by the media reports which shows that the legitimate funds created by the GOI for ensuring safety and security of the country have been misused to destabilize the security concerns of the country and to overthrow the Govt of J&K which has been elected by the majority.
A Division Bench of State High Court Comprising Justice Virender Singh and Justice Janak Raj Kotwal after hearing Adv Rahul Bharti for the petitioner, dismissed the PIL in limine.
The court after going through the contents, observed that Going by the contents of the media report, in particular the necessity of a CBI probe into the alleged irregularities by Technical Service Division (TSD) of the Army reportedly suggested by the Board of Officers, we are not averse to realize the concern shown by the petitioner in the matter in the larger public interest. We are also not averse to step out and discharge the Constitutional obligation of this Court by issuing appropriate directions, suo moto or on a Public Interest Litigation, to protect the larger public interest or to uphold the Rule of Law, whenever we feel we must act. Division Bench however, will be reluctant to step out until Authorities that may be, refuse, avoid, delay or fail in discharging their duties for which this Court may be called upon to act. DB further observed that going by the media report in its totality, as Division Bench had nothing else to rely upon at this stage and does not feel inclined to approve petitioner's contention that there had been failure on the part of the Government to show appropriate response and reaction to the report of Board of Officers and a situation has arisen where this Court should step out and issued direction for ordering CBI probe or investigation into the matter. We rather feel and are of the considered view that petitioner's approach to this Court by way of this Public Interest Litigation is somewhat premature. We would, thus, conclude that this Petition at this stage at least does not deserve admission for consideration and dismissed the PIL in liminie. (JNF) |
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