Excelsior Correspondent
Srinagar, Mar 10: High Court has dismissed the plea of Commandant of Indo-Tibetan Border Police (ITBP) challenging the finding of Court of Inquiry (CoI) as also the Record of Evidence (ROE) against him for holding his trial by the General Force Court.
Justice Sanjeev Kumar while dismissing the plea of Commandant Rajesh Kumar Tomar of ITBP citing that the High Court lacks the jurisdiction to hear and entertain the petition of Tomar and granted him liberty to approach the appropriate High Court for his grievance.
Justice Kumar in his judgment said that the facts pleaded in the petition do not indicate or demonstrate that the cause of action or part thereof or even a fraction of cause of action which is integral or material to the case between the parties has arisen within the territorial jurisdiction of this court.
Court added that the allegations which are being enquired into by the authorities pertain to the period when the petitioner-Tomar was posted as Commandant 11th Bn under Sector HQ Gangtok of Eastern Frontier.
The acts or omission court said, as alleged against the petitioner have been committed outside the territorial jurisdiction of this court. “The COI, ROE and the order convening the General Force Court have been passed by the authorities not located anywhere in J&K and has been informed of the action envisaged against him in the J&K is not sufficient to vest the jurisdiction in this court to entertain the petition”, Justice Kumar recorded.
Court said the mere issuance of communications informing the petitioner about the action initiated against him sent to his address in J&K do not by any stretch of reasoning and constitute integral part of cause of action sufficient enough to clothe this court with the territorial jurisdiction to entertain this petition.
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