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| AMANDEEP MURDER CASE | | No bail yet for tainted cops | | Chowdhary bros move HC, hearing adjourned
Jammu, Oct 19: The Jammu and Kashmir High Court today declined to pass any order in the process initiated by the Special Investigation Team (SIT) in attaching properties of Chowdhary Nagar Singh and his brothers Ujjagar and Rakesh Singh, the proclaimed offenders in Amandeep murder and evidence destruction case even as the Court asked special prosecutor to file objections on the trio’s bail plea within one week.
After dismissal of bail plea by the Second Additional Sessions Judge Jammu, the the Chowdhary brothers had moved the High Court through Advocate Aslam Goni and other for the pre-arrest bail. A case was also made out in the petition seeking intervention in attachment of properties of the proclaimed offenders by the SIT but the Court refused to pass any order at this stage without perusal of the case diaries. However, the Court said, “it is expected while attaching the property of the petitioners, respondents (SIT) will adhere to the procedure provided under law”. The Court directed Registry to list the case on October 27, 2009.
In the pre-arrest bail application filed by three Chowdhary brothers seeking directions to the respondents for releasing the petitioners on bail in the event of their arrest in connection with FIR No 247/2009, it was submitted that were ready to cooperate with the investigation. The bail plea further said that the petitioners and their families including relations had not yet come out of the shock because son of the Chowdhary Nagar Singh having been “falsely implicated” in the murder case at the behest of the people having business rivalries with him, when Choudhary Nagar was approached by the various quarters from the opposite parties with an offer to get the case against his son settled by paying a hefty amount of money to mother of deceased Amandeep Singh. Since the petitioner had the bonafide belief that his son Jatinder Singh has been falsely implicated in the murder case as such he will be released by the police on its own because of the lack of evidence, he did not succumbed to any pressured and demand.
In the bail application it has been further submitted that so-called material witnesses namely then SP South Mumtaz Ahmed, lady constables Asmat Ara and Kiran Bala recorded u/s 164-A before the Excise Magistrate does not contain even whisper about the involvement of the petitioner in the commission of alleged offence in any manner whatsoever. The imaginary apprehension of the SIT that the petitioners may hamper the investigation and temper with the evidence has weight with the Trial Court and apprehension of the petitioners that they will be arrested and humiliated in public for none of their faults, has not found favour with him though the prosecution not placed any thing on record to show that during last about 40 days the petitioners have acted in any such manner which will amount to hampering the investigation and tempering with the prosecution evidence or even threatening the witnesses. On the other hand police report and the objections filed before the Court below itself was sufficient to establish the apprehension of the petitioners that they may be arrested for commission of non-bailable offences and humiliated in public and subjecting them to in-human custodial torture. The petitioner in their bail application had made it clear that the petitioners are ready and willing to cooperate with the SIT and attend the investigation at all reasonable times as and when required, provided they are first granted the protection under the legal umbrella of law that is anticipatory bail as the police are bent upon to humiliate them only to grease their palms and to please their mentors who have political, social and business rivalries with the petitioners. The petitioner prayed before the High Court for allowing their bail applications and appropriate directions as are envisaged u/s 497-A CrPC may kindly be issued to the respondents, directing and commanding them to forthwith release the petitioners on bail in the event of their arrest in FIR 247/2009 registered with P/S Gandhi Nagar Jammu.
In the meanwhile Principal Sessions Judge Jammu Mr. BL Bhat today again adjourned the hearing on bail applications filed by then SSP Manohar Singh, then SHO Gandhi Nagar Sultan Mirza and SI Satnam Singh as Adv Rajesh Kotwal filed power of attorney on behalf of arrested/suspend SSP and seeking time for filling supplementary bail application. Upon this Court adjourned bail applications for October 22, 2009.
In another bail applications filed by suspended cops and Choudhary brothers in the Court special Judge Anticorruption for grant of bail, Special Judge Anticorruption Jammu Mr. JR Kotwal adjourned the bail application of former SSP Manohar Singh on October 22, 2009 because Adv Rajesh Kotwal prayed before the Court for filling supplementary bail application, however adjourned bail applications of other applicants till October 23, 2009.
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