STATE TIMES NEWSSRINAGAR: Special Judge Anticorruption Kashmir R.N Wattal on Monday rejected the J&K Bank’s plea regarding releasing of files seized by Anticorruption Bureau Kashmir in a raid conducted on June 8, 2019 in case registered under FIR (10/19). The court direction came after an application was filed by Jammu and Kashmir Bank Ltd Corporate Headquarters Srinagar through its Executive Lawyer, Peerzada Umer Amin seeking the release of files seized by (ACB) non-applicant during the raid. The grounds projected for release of these files were that the ACB during raid in the office of Asif Raja, Senior Executive, Recruitment, seized number of files from his custody. “Some of the files pertain to various processes undertaken by the applicant bank, and some of these files relate to bank employees compassionate cases and some files relate to personal files of left out candidates who have been appointed as Banking Associates (Contractual) in the month of October 2018.
These files do not pertain to the recruitment of BAT and ABA’s which are under investigation”, reads the plea. The applicant craves leave of this court to release the files for completion of process undertaken by the applicant bank. The application is purely legal and if allowed would advance the cause of justice, the plea added.
As per police report, on aforesaid date, in compliance to search warrant issued by the court, a search was conducted at Corporate Office of JK Bank Dalgate Srinagar in connection with the investigation of the case FIR (10/19) of Police Station ACB-SLKB Srinagar.
During the course of search, various records/files were seized on spot in presence of Executive Magistrates deputed by the concerned department. The records/files pertains to compassionate appointment cases, applications/recommendations for appointments in J&K Bank, casually engaged persons, absorption of gardeners, personal files of left out candidates who have been appointed as banking associates. These files are presently under investigation and are part of material evidence and same is required during the course of investigation in order to conclude the investigation of the case on merits. It has been prayed in the police report that the application preferred by the bank may kindly be rejected in the interest of investigation, it held.
The court observed that the investigation of the case is in its culminating stage and the files that are sought to be released are proximately related to the case and are required by the investigating agencies for logical conclusion of the case. The release of these files at this stage would defeat the very purport of the investigation.
“Moreover, this FIR pertains to illegal appointment scam and exchange of huge amount is alleged to have been misappropriated in the Jammu and Kashmir Bank. The case is very sensitive in its nature, has assumed public importance and involvement of big fishes in the case is still under investigation. The stage is not ripe for the release and it would not be appropriate to invoke the jurisdiction vested in court for releasing the files seized by ACB (K). Further the release of these files at this stage shall hamper the investigation of the case”, the court observed adding that the stage of moving the instant application is premature and cannot be considered in light of sensitivity of the case and stage of investigation.
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