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| Chopra family murder case takes new turn | | HC directs CBI to produce record for refusing investigation | | Early Times Reporter
Jammu | Mar 3
Justice JP Singh of J&K High Court, Jammu Wing, today in a much publicized murder of members of Chopra family, directed CBI to produce the record on the basis the agency had taken the decision of refusing to investigate the case.
This significant order was passed in a petition filed by the son of Late RB Chopra seeking CBI enquiry in the murder of his father, mother, sister and two employees.
After hearing both the sides, Justice JP Singh observed that reply filed by Central Bureau of Investigation indicated that after examination of notification issued by the State Government on September 25, 2006 requesting Central Govt to entrust investigation of murder of members of Chorpa's family to CBI, the CBI is stated to have taken a decision that the case was "local in nature and did not require investigation by the CBI".
Justice Singh further observed that in order to examine the justifiability of the decision taken by the CBI not to investigate the case of murder of members of Chopra family, as directed by the State Government, perusal of record, indicating the process undertaken by the CBI before taking the decision needs to be examined. Counsel appearing for the CBI is required to produce the record on the basis the CBI had taken the decision of refusing to investigate the case. Court also directed State Counsel that he shall also file the status report and produce the record of investigation as required by the earlier order passed by the Court.
Earlier on February 15, 2008, Justice Virender Singh after hearing both sides observed that no doubt, the investigation cannot be throttle at its threshold and should be brought to its logical, but in order to allay fears from the mind of the petitioner, it is directed that State Agency may investigate the case but the Final Report (challan) before the concerned Court shall not be filed till further orders. At this juncture the counsel for the petitioner made another request that State agency be directed to file an affidavit responding to the specific plea taken by the petitioner in the present petition with regard to a request from the State Agency for handing over this case to CBI, as in the objections State respondents and DGP have not specifically responded to it. He further stated that the petitioner has all apprehensions that the state agency might take a different stand at any subsequent stage. Upon this Court said that in view of the plea of the counsel for the petitioner it is directed that in this regard a supplementary objection/affidavit of the concerned official be filed on or before the next date. Court also directed Additional Advocate General to produce the record of the investigation on the next date of hearing, besides directing the counsel for the CBI to file objection within two weeks. JNF |
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