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JK lies in SC, conceals facts in affidavit
Rajni Sehgal's suspension
3/29/2014 11:18:29 PM
Asif Iqbal Naik
JAMMU, Mar 29: The Jammu and Kashmir Government has lied in the Supreme Court and concealed material facts in its affidavit on suspension of former Kotbhalwal jail superintendent, Rajni Sehgal. Rajni has been placed under suspension and allegedly harassed by the authorities following assault on a Pakistani prisoner, Sanaullah Ranjay last year which subsequently proved fatal.
As per the details available with Early Times, the incumbent jail superintendent Dinesh Sharma who on behalf of the Government of Jammu and Kashmir presented an affidavit before Supreme Court of India in a case titled Bhim Singh versus Union of India concealing the facts with regard to the incident that took place on May 3 last year resulted into Pak prisoner’s death at PGI Chandigarh on May 9, 2013.
In an affidavit submitted before the Supreme Court of India on 21-10-2013, the deponent (jail Superintendent Kotbhalwal Jail) stated that the honorable Court by its order dated July 16, 2013, has inter-alia directed the State of Jammu and Kashmir to file appropriate affidavit regarding the progress made in respect of two aspects i.e. details in respect of the investigation conducted pursuant to the First Information Report of the incident that occurred on May 3, 2013 on the prisoner Sanaullah Ranjay and the progress made with regard to the inquiry against the concern jail authorities. The deponent in column No. 3 of the affidavit stated that the FIR was registered on May 4, 2013 of the incident that occurred on May 3, 2013 while in actual the FIR stands registered on May 3, 2013 itself and the same was forwarded by the suspended Jail Superintendent Rajni Sehgal by hand to SP Rural Jammu. He further deposed that the department submitted the challan in the matter on 1-07-2013 before Principal Session Judge Jammu which clearly shows that the State Government played a delayed tactics and instead of filing its reply on next date of hearing submitted its affidavit before the honorable court on 21-10-2013 despite the fact that inquiry in all respect was completed on 1-07-2013.
In column 4 of the affidavit, the deponent stated that State Government vide Government order No. Home/PB-V/603/2013 had also initiated an inquiry concerning the said incident and appointed Suresh Kumar (IAS), Principal Secretary Home as the inquiry officer and on this he (Suresh Sharma) submitted a report on 23-08-2013 inter-alia, recommending disciplinary action against Rajni Sehgal, the then Superintendent Central Jail Kotbhalwal Jammu and against jail staff/warders which include Om Prakash Sharma, Assistant Superintendent, Central Jail Kotbhalwal Jammu, Mohan Lal (SGW), Om Prakash (SGW), Shashi Bushan (SGW/ Chakar Hawaldar), Yash Paul (SGW), Suraj Singh (SGW), Ravi Kumar (Warder) and Dev Kumar (Warder). The deponent further reveals in his affidavit that the disciplinary proceedings against aforesaid 8 officials have been instituted by Dy. Director General Prisons. The deponent also stated that show cause notices have been issued to all the officials indicted in inquiry and added that the proceedings are at final stage with the prayer that as soon as the replies to the show cause notice are received, the appropriate decision will be taken.
Contrary to the affidavit submitted before Supreme Court of India, among the eight officials indicted by the Home Secretary in the inquiry, Assistant Superintendent Om Prakash Sharma, Suraj Singh (SGW) and Dev Kumar (Warder) has never been placed under suspension and are still performing their duties and withdraw their salaries and other benefits from same post.
The wrong facts produced before the Supreme Court of India by Dinesh Sharma can be proven from his own order No. 7 of 2013 dated 04-05-2013 which stated that following officials of Central jail Jammu Kotbhalwal jail are hereby placed under suspension (pending inquiry) with immediate effect for dereliction of their duties, resulted into critical injury of one lifer convicted prisoner by another lifer prisoner. In this order the name of Suman Kumar Kotwal and Yash Paul were also mentioned in suspension column while in actual both Suman Kumar and Yash Paul were never in jail premises when the incident took place. Suman Kumar was on interview duty while Yash Paul was outside jail after seeking permission from his senior officer, moreover, if Suman Kumar was placed under suspension then how can the jail authorities forget to skip his name in an affidavit submitted before the Supreme Court of India. Moreover, in another violation of rules and regulation, a suspended authority cannot be an enquiry officer, while in this case the suspended authority acts itself as an advocate and deliver the verdict as judge.
It is pertinent to mention here that Rajni Sehgal is presently is under suspension since last over 10 months, beside the department also withdraw her orderly and cook couple of days ago after she approached High Court for stay on Prison Department’s order directing seizure of her Government accommodation along with deposition of her personal belonging in jail store through four member committee.
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