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| HC sets aside trial court order in jute mat scam | | | Early Times Report
JAMMU, May 18: In the jute mat scam in which trial court had framed corruption charges against additional chief secretary, Janak Singh - financial advisor education department and Ghulam Rasool Vakil
alias Lassa Koul for the purchase and supply of 3 lakh metres of jute matting, high court judge, Srinagar wing, Justice Hakim Imtiyaz Hussain today set aside the trial court order.
Framing the charges, the trial court had also arrayed Abdul Rashid Mubarki, additional secretary school education, and Mumtaz-ul-Nisa, wife of JKPCC president Saifudin Sz, as accused and summoned them,
which was challenged by both of them in a criminal revision petition.
Justice Hussain observed that the petitioners had been arrayed as accused and the code of criminal procedure made it mandatory to hear the accused before proceeding to frame charges against them.
The court should not have straightway proceeded to frame charge against the petitioners and summoned them for this purpose. It should have looked into the circumstances why the investigating
officer had not found the petitioners guilty of the commission of offence. The proper way in such circumstances was to examine the investigating officer on the issue before proceeding further in the
matter.Justice Hussain said framing of the charge against the petitioner could not sustain and the same was set aside and allowed the petitions filed by Mubarki Mumtaz-ul-Nisa, the then director school
education, Kashmir.
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