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Maj General seeks dropping of proceedings in corruption case
8 Court issues notice to CBI, Ors
1/27/2016 11:30:53 PM
Early Times Report
JAMMU, Jan 27: In an application filed by Major General VK Sharma against whom CBI has presented challan in disproportionate assets case, seeking dropping the proceedings in the said case, as CBI have no jurisdiction and powers to register and investigate the case u/s 5(1) (e) of J&K PC Act and also produced the charge-sheet in this Court unauthorizedly.
Special Judge Anticorruption (CBI Cases) Jammu Vinod Chatterji Koul after going through the application directed CBI to file objections.
In the application it is submitted that Delhi Special Police Establishment Unit Jammu (CBI) cannot investigate any offence in Jammu & Kashmir which is not notified by the Central Govt u/s 3 and 5(1) Delhi Special Police Establishment Act 1946 and consent of the same is given by the J&K State Govt u/s 6 of the said Act. In the application it has been submitted that the original Act J&K PC Act of SVT 2006 (1949 AD) u/s 5 which defines criminal misconduct by public servant, only four clauses (a), (b), (c) & (d) existed and clause (e) regarding disproportionate assets was not there and the jurisdiction of CBI was extended to the J&K State Vide Central Govt Notifications NO 25/3/60/-AVD (i) and (ii) dated April 1, 1964 to investigate the offences specifically included in the said notifications and for this purpose, the consent of the J&K Govt was also given and conveyed. (JNF)
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