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HC directs counsel to file affidavit of petitioner
Alleged Murder of NC leader
3/12/2010 10:46:45 PM

EARLY TIMES REPORT
JAMMU, Mar 12: Justice JP Singh of J&K High Court Jammu Wing in a much publicized alleged murder of Ghulam Mohd Rather, a NC leader and childhood friend of Union Health Minister Ghulam Nabi Azad, which took place in year 2007 and a case u/s 302/341 and 34 RPC at P/S Gandoh, directed counsel for the petitioner to file affidavit of appellant indicating in detail the events on the basis he seeks initiation of contempt of Court proceedings against various functionaries of the state government.
Referring the order passed by High Court in a petition filed by Ghulam Rasool Rather, a cousin of deceased Ghulam Mohammad Rather whereby a direction had been issued to the DIG Crime & Railway Jammu to monitor the investigation of the case and filed monthly status report regarding the investigation of the case in the Court and various other orders passed during the currency of contempt petition, when the IG Crime & Railway had offered to re-investigate the occurrence and later permitting the IG Crime dated December 30, 2009 to file final police report in the competent court of jurisdiction in view of his having found prima-facie evidence against the accused for committing murder of Ghulam Mohd Rather.
Adv SS Ahmed appearing for the petitioner submitted that the state's action in issuance of SRO 92 dated March 2, 2010 according consent to the extension of powers and jurisdiction of the members of Delhi Special Police Establishment to the state of J&K for investigation of offence u/s 302/341 & 34 RPC arising out of FIR No 22/2007 of P/S Gandoh was a blatant disobedience of the orders, passed by the Court from time to time for investigation of case, warranting action in contempt against the Financial commissioner Home Government of J&K who had issued the SRO to over reach the process and orders of the Court.
Justice JP Singh observed that before considering the submissions of counsel appearing for the petitioner, it is considered appropriate to examine the records leading to the issuance of SRO NO 92 and directed AAG Jagdish Parihar appearing for the state to produce the record when the petition comes up next for consideration. At this stage Adv SS Ahmed appearing for the petitioner seeks time to file affidavit of petitioner indicating in detail the events on the basis he seeks initiation of contempt of Court proceedings against various functionaries of the state to which Court allowed the time. ----(JNF)
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