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| DB issues notice to CBI | | Chopra Family Murder case | |
EARLY TIMES REPORT
JAMMU, Feb 15
Division Bench of J&K High Court Jammu Wing comprising Chief Justice Barin Ghosh and Justice Gh. Hasnain Massodi in a much publicized murder case of RB Chopra, his wife Madhu Chopra, daughter Saloni Chopra, driver Jagan Nath and domestic help Sonu who were murdered on September 17, 2006.
After hearing senior Advocate Sunil Sethi along with Advocate Shahzad Azeem appearing for Puneet Chopra whereas Additional Advocate General Jagdish Parihar appearing for the state, observed that it is not known whether the notice sent by registered post December 29, 2009, upon Central Bureau of Investigation (CBI) has been served or not as nobody appears on their behalf.
Keeping in view the matter, in the meanwhile Dasti Summons be affected upon Standing Counsel for CBI.
The LPA was filed by Puneet Chopra son of the deceased RB Chopra against judgment of Single Judge passed on October 30, 2009 whereby the Judge permitted the state police to investigate the matter and present challan in the competent court of law and seeking CBI investigation.
In the petition it has been submitted that in an unfortunate incident occurred on September 17, 2006 three members of the appellant’s family including his father RB Chopra, mother Madhu Chopra and his sister Saloni Chopra were murdered at their residence in Trikuta Nagar Jammu. Not only this, the driver Jagan Nath and a house helper Sonu were also murdered. All this happened when the appellant and his younger brother were studying in Australia. A case under section 302 RPC was registered.
In the petition it was alleged that since the gruesome episode was executed on account of business rivalry, as such, true to the apprehension of the appellant, the then SHO police station Bahu Fort Rafiq Manhas was shifted and in place one Purshtom Mengi was posted and later on the appellant came to know that Rafiq Manhas was suspended for the reasons best known.
On September 20, 2006, the then SSP Jammu constituted a SIT which comprised of as many as 22 police officers, however, immediately on October 23, 2006 then IGP Jammu Zone constituted a new team which comprised 7 members.
It transpires that state cabinet has referred the case to CBI for investigation for which notification dated September 25, 2006 was issued.
In the LPA it has been submitted that on scrutiny of objections filed before the writ court it becomes crystal clear that the state agency has miserably failed to book the actual culprits, however, against it the SIT was only running behind the persons who was just hired to execute the gruesome act, but big bosses are still at large and even SIT was not in a position to identify them.
In the LPA it was further submitted that it is admitted case of investigating agency that the father of the appellant was a business tycoon and has many business partners as well as business rivals but for the reasons best known to the investigating agency, it miserably failed to put all the business associates of deceased RB Chopra to thorough examination. SIT has placed on record sufficient material to arrive at the conclusion that gruesome murder of appellant’s family was handiwork of business contemporaries, which was just executed by the persons, who were hired from outside the state.
But despite overwhelming evidence, the writ court has not taken into consideration the motive behind the murder of appellant’s family but only taken the second part i.e. the manner in which nefarious design was executed and by whom it was executed but failed to appreciate startling facts that on whose instance it has been executed as such the judgment impugned does not survive is liable to be set-aside and seeking CBI investigation in the case. (JNF)
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