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Nearing to undress wolfs in sheep’s clothing: Farooq
10/7/2009 12:31:12 AM
Early Times Report
Jammu, Oct 6: Even as bail plea of Nagar Singh and his brothers, the alleged key conspirators in the Amandeep murder evidence destruction case was adjourned for Thursday, the Special Investigation Team under the supervision of DIG Farooq Khan seems to have widened the ambit of probe by laying its hands on a range of misdemeanors it is reported to have uncovered from the files and records seized over past few days.
Farooq Khan today sought to reassure the public that investigation was close to cracking the case and it was just a matter of days to get the key conspirators in exposing the whole string of nexus. “We are fully confident of laying the truth bare wherever and an whatever garb it is hidden and it will be known to the public at large very soon”, Khan told Early Times.
When asked about today’s proceedings in the court the DIG, handpicked for undressing the wolf’s in sheep’s clothing, said that there are no valid basis for the accused to seek bail and therefore they are just looking for the pretexts as it was evident today when their lawyer could not appear and case was adjourned.
Earlier in the day the Second Additional Judge Jammu Vinod Chatterji Koul adjourns the bail application of Choudhary Nagar Singh, Ujjagar Singh and Rakesh Singh till October 8.
Special Public Prosecutor Senior Advocate Sunil Sethi filed objections in the bail application filed u/s 497-A CrPC for grant of pre-arrest bail Choudhary Nagar Singh, Ujjagar Singh and Rakesh Singh in connection with FIR No 247/2009 of police station Gandhi Nagar Jammu for offences u/s 302/34/201/109/120-B RPC r/w sections 3/25 Arms Act in so far as subsequently added offences to the original FIR are concerned including section 5(2) PC Act 2006 and seeking dismissal of application for grant of anticipatory bail as the petitioners are not entitled for the discretionary relief of anticipatory bail as the petitioners Choudhary Nagar Singh and Rakesh Singh are absconder and after their warrants have been obtained by the Investigating Agency from the Magistrate, they are not available and have not been found at any of the known places where they are likely to be. Similarly the petitioner Choudhary Uajjagar Singh evading arrest, the evasion of arrest and non-cooperation of the petitioners with the investigation of the case clearly shows that they have the desire to stall the investigation and not to allow the investigation to progress in a proper and effective manner.
In the objection it has been further submitted that the petitioners have themselves shown the awareness that they are involved in the offence punishable u/s 5(2) of the PC Act and because of the said offence is tri-able by the Special Judge Anticorruption, therefore, this court may not have the jurisdiction to entertain the instant application for grant of anticipatory bail without prejudice to the above pleas and to the generality of the allegations leveled in the application.
Manjit Singh r/o Mohalla Dalpatian Jammu have allegedly committed the said murder. The petitioners particularly Choduhary Nagar Singh is an influential person and veiled influence in the corridors of power and using his influence and also the money power, he tried to control and dislodges the investigation in the matter in as much as the petitioners have entered into a criminal conspiracy with the police officers/officials of FSL Dept to fudge the evidence in the said criminal case. The fudging was planned at stages, first fudging/changing of weapon of offence which was seized by the police from the alleged accused Jatinder Singh and changing it by a non-functional to weapon the prosecution case, second fudging/ changing of the bullet which was seized from the body of the deceased which was lying with the FSL dept whereas the first part of fudging was planned in police station Gandhi Nagar Jammu, the second part of fudging was in FSL. It was during the investigation of FIR 247, the instances of change of weapon by the petitioners by conspiring with the police officers/ officials and officer/officials of FSL came to light which gave a new dimension to the whole controversy and nexus between the petitioners, police officials/ officers and officer/officials of FSL dept stood apparently exposed. The allegations were very serious and were shaking the confidence of public in the system of criminal investigation and as such a special investigation team was constituted by the Govt to look into all the circumstances, so that fair investigation is done and the culprits are brought to books. During the investigation Special Investigation Team has found prima-facie involvement of the petitioners in the two instances of fudging of the evidence and this regard overwhelming documentary evidence as also oral evidence of witnesses have been recorded u/s 164 CrPC before the Magistrate which clearly indicates the criminal intend and design of the petitioner as also of their co-conspirators of police as well as FSL dept to fudge the evidence in a serious crime. The criminal act of the petitioners have wide spread affect on the mental set-up of the society and a sense of fear has been created in the general masses by sending a signal that persons with muscle and money power can manage investigation even in murder case.
It is further submitted by the Special PP Senior Adv Sunil Sethi that investigation have seized good number of records belonging to the petitioners which is indicative of the alleged crime empire of the petitioners. In the given circumstances petitioners are required to be for sustained custodial interrogation so that the truth is unearth and there collaborators and sympathizers in the police dept/ govt depts are exposed and brought to book. The petitioners are not only involved in section 201 r/w section 120-B RPC r/w section 3/25 of Indian Arms Act but are also prima-facie involved in the offences punishable under Prevention of Corruption Act as also section 409 of RPC. further more sustained interrogation of the petitioner is required to be done to investigate the possibility of conspiracy even for the offence of murder which was committed by the son of Choudhary Nagar Singh because of certain positive evidence, which has came on record and details are not being disclosed as they may hamper the investigation and with these submissions Special PP Senior Adv Sunil Sethi seeking dismissal of the application filed three brothers for pre-arrest bail.
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