While referring the case to the Larger Bench, Justice Hakim Imtiyaz Hussain observed that the mat... HC admits petition on sex

Submitted by admin on Mon, 2006-05-15 15:07.

While referring the case to the Larger Bench, Justice Hakim Imtiyaz Hussain observed that the matter relates to sensational sex-scandal, which has been unearthed recently.

‘‘Srinagar City has been rocked by the demonstrations, which are still going on. The allegations are grave, involvement of high-officials, Bureaucrats, Police Personals and Influential Persons are alleged. It was in view of the issues raised in the case and to enable the court to come to the conclusion as to whether the case should be heard by this Bench or referred to a Larger Bench'' the Justice held.

The court on May 10 last issued notices to the Chief Secretary and Director General of Police to file their replies as well as the status report of the case. Keeping in view the sensitivity of the issues involved, sensibilities of the public and nature of the facts alleged, court find it a fit case which should be heard by a Larger Bench of the Court, it was held.

The Advocate General sumitted that main record of the case has been sent to CBI, as the matter has now been referred to that agency for Investigation. On the other hand, Advocate M A Qayoom argued that the matter involves Public Interest and as such should be heard by a Division Bench since the matter is of Public Importance. The Advocate said he had no objection and submitted that in view of the nature of the case, the State has no objection if the matter is heard by the Division Bench as Public Interest Litigation.

Justice Hakim Imtiyaz Hussain directed Registrar Judicial, that in view of urgency involved, the matter be placed before the Chief Justice for appropriate orders.

Certain other issues were canvassed before the Court by M A Qayoom, but since the matter was referred to the Larger Bench, it was not proper to consider the same now, it was observed.

K.Rajendera Kumar, IGP Kashmir appeared on behalf of DGP. Both the Chief Secretary as well as the DGP filed petitions seeking their exemption from personal appearance in the court today, on the ground that they have gone to Poonch in connection with official duty along with Chief Minister. The ground shown is sufficient, as such their personal appearance is dispensed withthe Court ordered.

While shops and other business establishments remained closed in the entire Valley, the vehicular movement was off the roads partially. Passenger traffic in the downtown area was completely off, though the private vehicles could be seen moving freely in the entire Srinagar city. The strike, called by the Kashmir Bar Association also saw thin attendance in State Government offices, banks and educational institutions.

After Friday prayers, people in downtown areas of Nowhatta, Jamia Masjid and other adjoining areas came out on roads and resorted to stone pelting at Police. Cops later fired dozens of teargas shells to disperse the irritated mob, who were shouting anti-Government and anti-police slogans for alleged delay in the sex case and concealment of the names of the accused.

Similar protests were also held at Tangmarg, where police also used force to disperse the mob. Reports said that at least half a dozen protestors were injured in the police action. Meanwhile, a 12-member Central Bureau of Investigation (CBI) headed by a Deputy Inspector General (DIG) began its probe into the sex racket case, in which top politicians, senior civil, police and security officials besides businessmen are involved. Official sources said the team, immediately after arriving here yesterday, took into possession all the records and documents related to the sex abuse case from the Jammu and Kashmir Police.

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