Excelsior Correspondent
JAMMU, Oct 12: In a petition filed by Abdul Gani Vakil seeking quashment of proceedings in a criminal complaint titled Public prosecutor Vs Abdul Gani Vakil u/s 499/500 RPC pending trial before the Court of Principal Sessions Judge Jammu, the High Court has stayed the proceedings against Abdul Gani Vakil.
Justice Mansoor Ahmed Mir of Jammu & Kashmir High Court Jammu Wing after hearing Sr. Adv Sunil Sethi assisted by Adv Veenu Gupta for Abdul Gani Vakil, treated this petition as Revision Petition and issued notice to State of Jammu & Kashmir through Secretary Law Deptt and Public Prosecutor Court of Principal Sessions Judge Jammu, returnable within four weeks and in the mean time stayed the proceedings before the Trial Court.
In the petition, the petitioner submitted that the demand of conducting of probe/ investigation into various frauds and corrupt practices in various Govt Deptt was not on any basis but were in fact based upon the news-paper reporting. The petitioner intended to help his political party and also the Govt by building the confidence of the people in the system by asking for an independent investigation with regard to the allegations against different departments.
One of Minister in the present Govt namely Taj Mohi-ud-Din took the matter personally by for the reasons which can be best known to him only and took upon himself the responsibility and declared to, start fight with the petitioner and in this regard he wrote letters to the petitioner, which were responded to by the petitioner which are self explanatory copies of the communication exchanged between Taj Mohi-ud-Din and the petitioner. In the petition it is further submitted that it is a matter of fact that Taj Mohi-ud-Din was facing number of allegations in different forums against his person and against his official position as Minister.
In the petition it has been further submitted that the demand of enquiry/probe/investigation raised by the petitioner has been taken to be defamatory by Taj Mohi-ud-Din who reported the matter issued to the Chief Minister and a decision was taken by the Govt to file a complaint of defamation against the petitioner and the Public prosecutor Jammu was authorized to do the same. That the court of Principal Sessions Judge Jammu took the cognizance of the said complaint and vide order September 20, 2012 process against the petitioner had been issued.
In the petition it has been submitted by the petitioner that the complaint filed by the Public prosecutor is nothing but abuse of process of law to prevent the process of abuse by the Court and otherwise to secure the ends of justice. High Court has the power u/s 561-A CrPC to entertain the petition and grant the relief prayed for. Upon this Justice Mansoor Ahmed Mir stayed the proceedings before the Trial Court.
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