STATE TIMES NEWS
JAMMU: The Division Bench of the State High Court comprising Justice Dhiraj Singh Thakur and Justice Sanjay Kumar Gupta granted four weeks time to Advocate Sheikh Shakeel Ahmed appearing for the petitioners in the much publicized PIL highlighting corruption at higher places titled Sheikh Mohd. Shafi and another verses Union of India and others for filing his response to the reply filed by Home Department in a Miscellaneous Application (MP No.1/2018) seeking appropriate directions to the Chief Secretary J&K, Commissioner/Secretary to Govt. of J&K, GAD and Commissioner/Secretary to Govt. of J&K, Home Department to initiate disciplinary proceedings against two IPS Officers of J&K cadre namely Atul Goel the then SSP Jammu and Anand Jain former SSP Jammu for misusing/abusing their official position by providing undue security cover to Kewal Kumar Sharma, Forest Guard turned Additional PRO.
In the reply filed by the Home Department through Shakeel-ur-Rehman Special Secretary to Govt. Home Department it is submitted that due to threat perception the then SSP Jammu provided security to the then PRO to DyCM but at present no guard/PSO is provided to Kewal Kumar Sharma.
The reply filed by Home Department further says that DGP J&K in his report dated April, 26, 2018 has further informed that the security cover provided by the police officers to Kewal Kumar Sharma was provisionally based on circumstances that emerged at that time which in fact was withdrawn later on. The reply further says that the Home Department in view of the above report of DGP J&K has decided that disciplinary proceedings against the concerned officers are not warranted or made out.
Advocate Sheikh Shakeel Ahmed appearing for the petitioners submitted that the Home Department has filed a misleading reply just to shield the delinquent IPS Officers as earlier in a writ petition the Home Department on affidavit admitted that the security had been provided to Kewal Kumar Sharma against the Standard Operating Procedure on the verbal orders of the senior police officers and without getting the threat perception examined from the security headquarters.
Advocate Ahmed further submitted that it has already been held by the State High Court vide Judgment dated November, 20, 2015 that on the basis of the reply filed by the Home Department the security cover provided to Kewal Kumar Sharma was illegal and for this reason only the same was subsequently withdrawn. Advocate Ahmed also referred to the strictures passed by the State High Court in its Judgment dated November, 20, 2015 against the then SSP Jammu.
Advocate S.S. Ahmed further submitted that the Home Department looking into the clout of the two IPS officers ignored the directions of the State High Court and in a mechanical manner took a decision not to proceed against them which has shaken the faith of people in rule of law. He further submitted that he needs some time to file his response to the reply filed by Home Department so that he can bring real picture before the Division Bench while deciding this issue of wide public importance.
After considering the submissions of Advocate S.S. Ahmed appearing for the petitioners and Senior AAG S.S Nanda and Senior AAG Seema Khajooria Shekhar appearing for the State Government, the Division Bench headed by Justice Dhiraj Singh Thakur granted four weeks time to Advocate S.S. Ahmed to file response to the reply filed by the Home Department wherein Home Department has justified the security cover granted to Kewal Kumar Sharma by the two former SSPs Jammu.
The Division Bench also disposed of the application filed by Senior AAG Seema Khajooria Shekhar seeking recalling of order dated July, 3, 2018 and the Court also impleaded Ram Pal Sharma the then MD J&K Housing Board as respondent in the instant PIL and further directed the Registry to make necessary corrections in the cause title. Advocate Mohsin Bhat appeared on behalf of Ram Pal Sharma.
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