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In NC leader's murder case, HC directs state to produce relevant record
5/10/2010 11:22:46 PM
EARLY TIMES REPORT
Jammu, May 10: Justice Hakim Imtiyaz Hussain in alleged murder case of Ghulam Mohd Rather, NC leader and childhood friend of Ghulam Nabi Azad, Union Health Minister, has granted to weeks time as prayer by Additional Advocate General Jagdish Parihar appeared for respondents, to file objections on behalf of Home Minister of State, Director CBI New-Delhi, Financial Comm-issioner Home J&K, Principal Secretary to Chief Minister, DGP J&K, IGP Crime, DIG Crime and SSP Crime Branch Jammu and shall also produce relevant record on the next date of hearing and directed the Registry to list after two weeks along with contempt petition and ordered interim order to continue.
In the petition Adv SS Ahmed and Virender Bhat appeared for the petitioner whereas AAG Gagan Basotra and AAG Jagdish Parihar and Adv Ashok Parihar appeared for the state and private respondents. In the month of April, 2010, High Court stayed SRO 92 issued on March 2, 2010 whereby directing transfer of investigating of FIR No 22/2007 u/s 302/341/109 RPC registered with P/S Gandoh to Central Bureau of Investigation (CBI).
Petitioner Ghulam Rasool Rather cousin of deceased Ghulam Mohd 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 this 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, the 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 challan in Court was lifted and direction was issued to produce challan in competent court. While 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 challan in the Court. ----JNF
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