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DB terms petition of SOS International frivolous PIL against 7 BJP MLAs dismissed 1/27/2014 11:17:02 PM Self styled RTI activist fined Rs 10,000 Abodh Sharma JAMMU, Jan 27: Division Bench of the Jammu and Kashmir High Court comprising Chief justice MM Kumar and Justice Hasnain Massodi has dismissed a petition filed by SOS International against MLAs of the State BJP alleging that they had violated the oath administered to them and had indulged in corrupt practices while cross voting during the elections to the Upper House of the State Legislature. While dismissing the petition, the court also saddled a fine of Rs. 10,000 on the petitioners, Chairman Rajiv Chuni and Secretary Dr. Gurmeet Singh for filing frivolous piece of litigation. The SOS International, an NGO had filed a petition against 11 MLAs of the State BJP, besides the Government of Jammu and Kashmir through Chief Secretary, J&K Legislative Secretariat and CBI, seeking initiation of action against 7 MLAs of the BJP who had cross voted during the elections to the Legislative Council held on 13.4.2011, arguing that the respondents had violated the oath administered to them and had indulged in corrupt practices. The petitioners had also made an appeal seeking directions to the CBI to register a criminal case against the BJP MLAs under section 406 and 409 RPC of the J&K prevention of corruption Act 2006. The petitioners had maintained that the 7 MLAs of the BJP had violated the whip to help ruling NC-Congress coalition to gain 5 of the 6 seats of the Legislative Council that were notified for elections. The DB after hearing the battery of lawyers representing petitioners and taking cognizance of the report of the vigilance commissioners in the case according to which, the allegations made in the petition did not fall under the ambit of misuse of official position as envisaged in Prevention of Corruption Act, observed that voting against the party whip was an issue beyond the domains of the courts and as such no evidence of acceptance of any cash or extraneous consideration that would warrant the interference of the court. The Court, however mentioned that in the garb of PIL, petition is an attempt to achieve some oblique motive by the petitioner and has completely misuse the process of court. With these observations, DB dismissed the petition and imposed a fine of Rs 10,000 on petitioners Rajiv Chuni and Dr. Gurmeet Singh of SOS International.   Share This News with Your Friends on Social Network     Comment on this Story

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