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HC seeks IG Crime's personal appearance in contempt case
5/21/2010 11:46:51 PM
Early Times Report
Jammu, May 21: The high court today sought personal appearance of IG crime in a contempt petition. The Additional advocate general was directed to ensure the IG's presence in the court. The orders were passed by Justice JP Singh in a contempt petition along with CMPs filed by Ghulam Rasool Rather close relative of deceased Ghulam Mohd Rather a NC leader and childhood friend of Ghulam Nabi Azad Union Minister of Health. AAG appearing for the state respondents after going through the records available with him informed the Court that the government had accorded consent (SRO 92 dated 2010) for transfer of the case to CBI verbally. The verbal orders were passed by the former Chief Minister who also headed the home department.
The Court observed that in view of the statement made by the state counsel on the basis of the record indicating issuance of SRO 92 of March 2, 2010 only on the oral instructions of the Chief Minister, a case for admission of the petition to hearing has been made out to determine as to whether SRO 92 of March 2, 2010 directing transfer of investigation of FIR NO 22/2007 to CBI could in law be issued by the state when the matter had not been examined by the functionaries of state recommending investigation of the case by the CBI. The court after hearing the parties admitted the petition to hearing with the direction to list for final hearing in the first week of June, 2010. The state respondents may file detailed counter affidavit and produce the original records. The counsel appearing for Union of India and Advocate Ashok Parihar appearing for private respondent may also file response to the petition and clarified that interim order issued on April 20, 2010 whereby the court had stayed the transfer of investigation to CBI, shall continue to remain operation unlit next date of hearing. ---JNF
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