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| DB dismisses appeal seeking setting-aside the direction of Single Judge | | Alleged Murder of Sarpanch | |
EARLY TIMES REPORT
JAMMU, Feb 18
In a much publicized alleged murder of Sarpanch and NC Leader Ghulam Mohd Rather, who was also childhood friend of Ghulam Nabi Azad presently Union Minister for Health, a LPA has been filed by Natha Singh and other prayed for setting-aside the directions issued by Writ Court while disposing of the petition dated April 7, 2008. Division Bench of Jammu & Kashmir High Court Jammu Wing comprising Chief Justice Barin Ghosh and Justice Gh. Hasnain Massodi after hearing both sides dismissed the appeal with the observation that DB is of the view that there was no order which the Court in the given facts and circumstances could not pass and at the same time are of the opinion that the order, has passed, did not at all affect the applicants and refused to grant leave to prefer the appeal and dismissed the same.
In the LPA a new story has been mentioned that on November 16, 2006 when Ghulam Rasool Rather of Goilbar Tehsil Gandoh while being under the influence of liquor had a fall from the horse enroute to his house and died. As such the proceedings u/s 174 CrPC were initiated in order to ascertain the cause of his death. His dead body was brought to his house and without proper post-mortem he was buried at his native place. In the LPA it has been submitted that had the medical officer conducted the post-mortem of the deceased in a proper manner, the consumption of the liquor by the deceased on the fateful day must have been established.
After some time the family and the relative of the deceased made every possible effort to manipulate the death of the deceased as a militancy related incident, so that the next kin of deceased could get ex-gratia relief and a government job but without any success, taking advantage of the situation, respondent Ghulam Rasool Rather at the instance of rival political leaders of NC hatched a conspiracy to implicate various innocent persons including the leaders of the congress party and with a view to gain political mileage started harassing innocent people of the area and ultimately FIR 22/2007 dated March 5, 2007 was registered with police station Gandoh. Besides the Senior Advocate MK Bhardwaj with Sachin Sharma appeared for the appellants and Advocates SS Ahmed & DS Chouhan appeared for the respondents and AAG Jagdish Parihar appearing for the state. (JNF)
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