STATE TIMES NEWS
JAMMU: Justice M.K Hanjura of J&K High Court rejected the bail applications of Ashiq Husain Farooqi Criminal Clerk and Nisar Ahmad Bhat, Clerk of the Advocate and Nisar Ahmad Dar, working in the prosecution wing of the Court who forged the court document for money.
While rejecting the bail, Justice M.K Hanjura observed that these applications reflect a sad and sordid state of affairs. “A horrendous crime is alleged to have been committed by none others than the ones who are said to have made insertions and interpolations in the statement of a witness namely, Aijaz Ahmad Rather, recorded by the Court of Special Judge, Anti-Corruption, Kashmir, Srinagar, in a case titled ‘State versus Ghulam Mohammad Bhat’, bearing File No. 12/B, instituted on July 25, 2008. While recording the statement of the accused as envisaged under Section 342 of the Code of Criminal Procedure (Cr. P.C.) on January 17, 2018, the Presiding Judge, detected that the statement of the witness has been tinkered with. After taking note of this fact, the Presiding Judge directed to hold a preliminary enquiry into the matter. He also brought the matter to the notice of the Chief Justice of the High Court of Jammu and Kashmir through his Principal Secretary vide communication bearing No. 121-122/SJACK dated January 18, 2018”, the court observed.
Justice M.K Hanjura observed that the statements of some of the witnesses have been recorded and the investigation is still on. The statement of Zahoor Ahmad Dar, has been recorded under Section 164-A of the Code of Criminal Procedure (Cr. P.C.) by the Court of Judge Small Causes (Judicial Magistrate 1st Class), Srinagar, the crux of which is that he went to the residence of one Ghulam Mohammad Bhat, ASI and gave him a signed cheque amounting to Rs. 30,000, leaving the other columns blank. He was asked to go to his residence by Nisar Ahmad Dar, who was serving in the prosecution wing. The aforesaid constable told him to scribe his name on the cheque. He encashed this cheque from the Jammu and Kashmir Bank, Budgam, and handed over the amount of Rs. 30,000 to Nisar Ahmad Dar, accused constable. The statements of the other witnesses have also been recorded which prima facie point out to the culpability of all the applicants in the commission of the crime attributed to them.
Justice M.K Hanjura observed that the applicants have committed an offence as would impair and undermine the sanctity of the Courts and, therefore, the discretion vested with the Court under Section 490 of the Code of Criminal Procedure (Cr. P.C.) cannot be exercised in their favour. They have tried to pollute the fountain of justice and to cap it all the investigation of the case has not come to an end as yet. With these observations, High Court rejected the bail applications.
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