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HC issued notice to DIG C&R for action on a pending murder case
5/25/2009 11:37:11 PM

EARLY TIMES REPORT
JAMMU, MAY-25:- Justice JP Singh of J and K High Court Jammu Wing on Monday in a petition filed in much publicized murder case of Ghulam Mohd Rather NC Leader and Childhood friend of Ghulam Nabi Azad presently Union Minister issued notice to DIG Crime and Railways to show cause as to why contempt of court proceedings be not initiated against him for disobedience of the directions issued by the court.
High court while disposing of a petition, direction was issued to DIG Crime and Railways Jammu to complete the investigation of FIR No 22/2007 registered in P/S Gandoh U/Ss 302/341/109 RPC to ensure that the investigation proceeds in a fair manner and those found responsible for the commission of offences are brought to book, in accordance with law. DIG Crime & Railways Jammu was directed to furnish monthly status report regarding the investigation of the case to High Court.
Complaining the violation of the directions issued by the High Court, petitioner Ghulam Rasool Rather has filed this application seeking initiation of contempt of court proceedings against Joginder Koul DIG Crime and Railways Jammu. Upon this notice was issued to respondent where after he appears to have filed status report in the court. On examining the status report the court had directed him to appear in person in the court. However, respondent has opted to remain absent and has filed an application seeking his exemption from his personal appearance for today. Justice JP Singh after hearing Advocate S S Ahmed appearing for the petitioner and AAG P C Sharma appearing for the state and gone through the case dairies produced by Ashok Kumar Chib, the Investigating Officer, perusal of the case dairies, prima-facie indicate that rather than ensuring compliance of directions of the court in OWP 376/2007, the respondent has resorted to looking into the complainants which are stated to have been made by the complainant and other witnesses regarding their earlier statements made to the police. Joginder Koul DIG Crime and Railway has not furnished any explanation as to why the direction issued by the court to complete the investigation in terms of the order February 7, 2008 has not been complied with.
Justice JP Singh took serious note to the conduct of respondent in not monitoring the investigation of the case, to carry out the investigation, as directed by the court, a case for disobedience of the directions issued by the court is prima-facie found to have been made out against the respondents and issued notice to show-cause as to why contempt proceedings be not initiated against him.
In the petition it was further alleged the cause of the crime that pedestrian bridge which was on Nallah connecting Goilbar village has had lost its life, then Chief Minister was called upon by the deceased in secretariat and required about the construction of bridge and when deceased informed him that no funds have been allocated for the construction of bridge, the then CM was pleased to issue on spot instructions to the concerned to release the money for construction of that bridge. Accordingly an amount Rs 2.80 lacs was got sanctioned. The bridge was to be got constructed through the agency of Panchayat Khaljugasar. It was alleged that Mohd Sharief Niaz former power minister and presently MLA of Bhaderwah constituency in which the area of Goilbar also falls and all the constructions local works in different Panchayats were in the meanwhile got executed on the instructions of Mohd Sharief Niaz through contractors who pledged their allegiance to him and his party. The deceased had all this political affiliation with National Conference and on this issue it has been alleged deceased was murdered and seeking investigation of the case through CBI or team of Crime Branch headed by an officer not below the rank of DIG.


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