Excelsior Correspondent
JAMMU, Feb 3: In the much publicized case of undue security cover to the then PRO to ex-Deputy Chief Minister Kewal Sharma, the appellant Prof S K Bhalla withdrew the LPA with liberty to approach the appropriate authority for seeking action against the delinquent police officers.
The Division Bench of the State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Bansi Lal Bhat allowed Advocate Sheikh Shakeel Ahmed appearing for appellant to withdraw the appeal with liberty to approach the appropriate authority for seeking action against the delinquent police officers.
When this LPA came up for hearing before the Division Bench, Advocate Sheikh Shakeel Ahmed submitted that the writ court fell in error by not directing action against the then SSPs Jammu namely Atul Goel and Anand Jain who had provided undue security cover to Kewal Sharma in breach of the guidelines on the subject.
Advocate Ahmed on the strength of findings of the writ court submitted that the writ court should have directed appropriate action against the erring police officers who abused their official position for extraneous considerations to provide undue security cover to non-deserving Kewal Sharma.
After considering the submissions of Advocate Ahmed, Division Bench was of the view that the prayer made in the writ petition was only to the extent of disclosing the names of the officers/politicians on whose behest Kewal Sharma was provided security cover in breach of the guidelines on the subject.
The Division Bench thoroughly examined the prayers claimed in the writ petition and observed in the open court that there is no prayer for seeking action against the delinquent police officers.
Upon this, Advocate Ahmed referred para 16 of the writ petition wherein the petitioner had specifically sought initiation of appropriate action against the officers who provided undue security cover to Kewal Sharma. However the Division Bench was of the view that there is no such prayer in the writ petition.
At this stage Advocate S S Ahmed sought permission of the Division Bench to withdraw the LPA filed against the judgment of the Single Judge with a liberty to approach the appropriate authority for seeking action against the delinquent police officers/officials who had provided undue security cover to Forest Guard turned PRO to the then Deputy Chief Minister.
On this DB dismissed the LPA but permitted Advocate Ahmed to withdraw the appeal with liberty to approach the appropriate authority for seeking action against the delinquent police officers/officials.
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