HC directs GAD, Home Secys to file response

Excelsior Correspondent
JAMMU, Nov 13: In a petition seeking CBI probe into allegations leveled against the former Deputy Chief Minister Tara Chand by his Additional PRO Kewal Sharma, Justice Tashi Rabstan today directed Commissioner Secretaries of Home and GAD to to file their response within three weeks.
High Court also directed Senior AAG Wasim Sadiq Nargal to keep the original record pertaining to enquiry conducted by the then SSP Jammu Atul Goel whereby he had closed the complaint seeking constitution of a Special Investigation Team (SIT) to probe the allegations leveled by Kewal Krishan Sharma on July 26, 2013 against the then Deputy Chief Minister Tara Chand.
When the petition filed by Bharat Bhushan seeking CBI probe into the matter came up for hearing, Advocate Sheikh Shakeel Ahmed with Advocates Rahul Raina and Supriya Chouhan appearing for the petitioner drew the attention of the court towards the last order dated September 27, 2017 whereby the court had directed for compliance to the order dated July 21, 2015 whereby Justice B L Bhat (since retired) had passed a detailed order issuing notices to Commissioner Secretary GAD, Commissioner Secretary Home Department, Director General of Police, Senior Superintendent of Police Jammu and Atul Goel, former Senior Superintendent of Police Jammu.
The High Court had specifically directed the Director General of Police and the SSP Jammu to produce the record relating to the enquiry conducted by the then SSP Jammu Atul Goel  into the complaint lodged by the petitioner seeking constitution of a SIT for probing the allegations leveled against the then Deputy CM .
“It is in the interest of both the sides that this issue of wide public importance be decided without any further delay”, Advocate Ahmed said, adding “since the original record is before the court the matter needs to be finally considered as no more pleadings are required to be filed in the matter”.
He submitted that the then SSP Jammu Atul Goel conducted the enquiry in a biased manner as the same was directed against the then Deputy Chief Minister and just on the sole statement of Kewal Sharma the enquiry was closed. “The then SSP had also provided undue security cover to Kewal Sharma on the verbal instructions of the then Deputy Chief Minister and the enquiry was a fixed match”, he added.
After considering the submissions of both the sides, Justice Tashi Rabstan directed Senior AAG W S Nargal to file reply within three weeks on behalf of Home/GAD Secretaries and also directed him to keep the original record pertaining to enquiry conducted by the then SSP Jammu Atul Goel ready for the next date.
The High Court further directed the Registry to list this petition for final disposal on December 15.


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