SRINAGAR, Nov 9: High Court today quashed the order regarding attachment of property issued by the Superintendent of Vigilance Kashmir as it said that the SP can’t pass such an order particularly when he has not conducted investigation into the case.
Justice Ali Mohammad Magrey quashed the attachment order of property of one Tanveer Gul on the ground that the requirement laid down under provisions have not been fulfilled.
The question during the proceedings of the case arose as to whether Superintendent of Police Vigilance Kashmir has power to issue attachment order. Court said that SP VOK had no power to issue prohibitory or attachment orders as he has not himself investigated the case.
Accordingly, High Court quashed the order. Resultantly, the property attached shall stand released as the same has remained with the petitioner”, Justice Magrey concluded.
Petitioner was aggrieved of order passed by Superintendent of Police, Vigilance Organization, Kashmir Srinagar prohibiting the petitioner from selling or transferring her property (two storied residential house raised over one kanal and 14 marlas of land situated at Iqbal Colony Rawalpora, Srinagar).
“Plain reading of provision so quoted makes it abundantly clear that the prohibitory and attachment order relating to the property, subject matter of the investigation can be passed by an officer not below the rank of Superintendent of Police (VOK) under the Act”, reads the judgment.
He further submitted that investigation of the case admittedly was conducted by Deputy Superintendent of Police and not by Superintendent of Police VOK, therefore, Superint-endent of Police being not the Investigating Officer as required in terms of Section 8(B) of the P.C Act, Svt. 2006 has no power to pass prohibitory or attachment order of any property of the petitioner.