RASANA Plea for CBI probe to be heard on May 7; HC seeks objections
TNN Bureau. Updated: 4/26/2018 10:47:00 AM
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JAMMU: In a significant development in the heinous Kathua rape-and-murder, the Jammu and Kashmir High Court Jammu today ordered that a decision over the plea by two of the accused seeking a CBI inquiry will be examined on May 7, even as it issued notice to Principal Secretary Home, J&K, Director General of Police, IGP, Jammu and Central Bureau of Investigation to file objection within 10 days.
This direction has been passed in petition filed by alleged accused Sub Inspector Anand Dutta and SPO Deepak Khajuria seeking CBI probe.
After hearing senior advocate UK Jalali with advocate Veenu Gupta for the petitioners and Advocate General Jehangir Iqbal Ganai with Deputy AG Ehsan Mirza for the state besides advocate Monika Kohli for the CBI, Justice Alok Aradhe directed the state and the CBI also directed Registry to list this petition on May 7, 2018.
Directing respondents to file objections, Justice Aradhe also observed that senior counsel for the petitioners submitted that from the perusal post-mortem report, it is evident that the post-mortem report has been altered. In the second post-mortem report, there has been additional injury.
It is further submitted that three Special Investigation Teams were constituted and this High Court has power to transfer the investigation to CBI even after filing of the charge sheet.
In support of his submissions, the senior counsel has relied upon the decisions of the Supreme Court in the cases of Rubabbuddin Sheikh vs State of Gujarat and other; Dharam Pal vs State of Haryana and others; Pooja Pal vs Union of India and others; State of Punjab vs Central Bureau of Investigation and others
Justice Alok Aradhe after considering the submissions made by the counsel for the parties observed that the question of interim relief as well as question of maintainability of the writ petition shall be examined on the next date of hearing. Court further made it clear that the trial court shall be free to proceed ahead with the trial of the case.
In a petition filed by alleged accused Sub Inspector Anand Dutta and SPO Deepak Khajuria seeking CBI probe have submitted that a situation has been put to an advantageous position for Kashmiri Separatists who have successfully divided the Jammu on communal lines and tainted investigation by the Crime Branch has played a major role in creating wedge in two communities in Jammu Division.