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| DB directs VO to present challan within 10 days | | PIL against bungling in cooperative housing societies | | JAMMU APRIL 11
Division Bench of J&K High Court, Jammu Wing, comprising Justice Nisar Ahmed Kakru Chief Justice (Acting) and Justice YP Nargotra, today directed Vigilance Organization to produce challan against the culprits within ten days in much publicized Public Interest Litigation against bungling in the Cooperative Institutions.
President Deep Singh of Peoples Action and Public Accountability (PAPA), had filed a PIL in 2002 against the working and alleged corruption in the cooperative institutions and during these five years, the High Court issued various orders and case was transferred from Crime Branch to Vigilance Organization. VOJ in January 2007, as per the direction of the Division Bench on November 30, 2006, filed status report, in which the VOJ detected bungling in the various housing cooperative societies.
Division Bench, after hearing Advocate General A H Naik with AAG BS Salathia, Advocate Vishal Sharma and Advocate Adarsh Sharma appearing for the respondents, whereas petitioner appeared in person, observed that in pursuance of the permission accorded to the petitioner to point out flaws, they have filed memorandum, perusal where of essentially questions the integrity of the officers of the Vigilance Organization and to bring whom the point, the allegations of crime are attributed to persons. In this behalf it is relevant to notice that the investigation in the matter was entrusted by the Court to Crime Branch. The said organization was divested of the investigation, subsequently at the request of the petitioners; the investigation was assigned to the State Vigilance Organization on October 10, 2005. The SVO has submitted his report but the challan could not be produced because of demand by the petitioners for reinvestigation by the CBI, which prayer stands turned down by this Court. The petition has come up for consideration; the Division Bench has examined the record and heard the parties. In exercise of extra-ordinary writ jurisdiction, it is impossible for this DB to indict or to exonerate anyone, the Court observed.
DB further observed that without going to the locus of the petitioners, proposed to proceed on the assumption that motion of this PIL is aimed to bring the culprits to book. With the ambition so projected the stand of the petitioners’ stands translated into the action by the statement made by the Advocate General on March 28, 2007, contending that challan will be presented before the competent Court. The same statement is reiterated by the Advocate General today and seeks 10 days time to file the challan. DB said that this PIL shall stand settled with a direction to SVO to produce the challan forthwith at any rate within 10 days against whom the organization has derived satisfaction on the basis of evidence sufficient to connect with the commission of crime. DB further clarified that needless to say that subject to availability of the cause nothing prevents the petitioners to register their grouse, if any, before the Court, which gets seized of the challan. With these observation and direction this Public Interest Litigation was disposed of within five years.
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