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| HC raise the question of jurisdiction | | Birpur land Scam | | Early Times Report
Jammu, Feb-25 (JNF):- The much publicized Birpur land scam case took a new turn today when the High Court raised the question of jurisdiction. A single bench of the High Court comprising Justice Virender Singh held that the state appeal should have been listed before a division bench of the court.
The Trial Court acquitted eight accused out of 13. Four appeals have been filed by State of J&K against acquittal of Khazan Chand then Additional DC, Ved Parkash then AC (Revenue), Rashpal Singh whereas Pervaz Dewan then Deputy Commissioner Jammu presently on Study leave against whom Special Judge Anticorruption passed strictures. Dewan has also sought judicial intervention for quashment of the strictures.
The court after hearing the parties observed that Court taken up these appeals for their final disposal as the matter had gone very old age wise. It has now been brought to the notice of the Court that State appeal in terms of Rules 29(c) of J&K High Court Rules 1999 and orders which deals with the jurisdiction of Single Judge of this Court, the appeal against acquittal in fact should have been put before Division Bench of this Court for admission instead of Single Bench for the reason that one of acquittal Keshav Chand was charged for offence punishable u/s 467 RPC for which the maximum punishment provided is imprisonment for life. According to the counsel a jurisdictional error has erupted in the State appeal which can be rectified only if the state appeal is put-up before Division Bench. Ultimately all the connected matter can also be heard by the Division Bench.
Court further observed that since the issue cropped-up relates to Jurisdiction of the court, it appropriate to hear the state counsel also. Advocate Basotra appearing for the State seeks some time to address this issued, upon this Court list again in the next Regular Cause list and asked the Registrar Judicial that he shall also look into this aspect and submit a detailed report so as to avoid any further delay.
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