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| HC stays transfers of alleged murder case to CBI | | |
EARLY TIMES REPORT
JAMMU, Apr 21: Justice Sunil Hali stayed SRO No 92 issued on March 2, 2010 where by directing transfer of investigation of alleged murder case of Ghulam Mohd Rather, childhood friend of Ghulam Nabi Azad presently Union Health Minister to Central Bureau of Investigation (CBI).
Petitioner Ghulam Rasool Rather cousin of deceased Ghulam Rather, filed a petition in which he stated that FIR No 22/2007 u/s 302/341/109 RPC registered with police station Gandoh and monitored by the coordinate bench of the Court, in view of the fact that initially reluctance was shown by the said police station to go head with the investigation. During the course of proceedings before the High Court various reports were filed by the officers who were Incharge and Supervising the investigation vide order dated December 30, 2009 and in view of the report of IG Crime, High Court observed that existence of prima-facie evidence establishing commission of offences punishable u/s 302/341/109 RPC against the accused. Stay granted in not filling the Challan in the Court was lifted and direction was issued to produce the challan in the competent court. While the challan was to be filed, the respondents have issued SRO 92 vide notification dated March 2, 2010 directing transfer of investigation in FIR 22/2007 to the Central Bureau of Investigation. Petitioner stated that intend and purpose of the said SRO is overcome the directions issued by this Court for filling the challan in the Court.
Justice Sunil Hali after hearing Advocate Virender Bhat appearing for the petitioner issued notice to Minister Incharge Home Dept J&K Gov, Chief Minister J&K State, Director CBI, Financial Commissioner Home, Principal Secretary to Chief Minister, DGP, IG Crime, DIG Crime and SSP Crime Branch Jammu. At the first instance Jagdish Parihar AAG accepted notice on behalf of respondents, who shall filed the objections within two weeks and in the meantime SRO NO 92 issued vide notification dated March 2, 2010 shall remain stayed till next date of hearing. Court clarified that this order is however, subject to objections from the other sides. JNF
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