Jammu: In the much publicised Rs. 44 crore CAPD grain carriage scam, Justice Dhiraj Singh Thakur of J and K High Court Jammu Wing after hearing Advocate Aseem Sawhney appearing for the petitioners, issued notice to Chief Secretary J and K, Assistant CAPD Rajouri and SSP Rajouri returnable within two weeks.
During the hearing Advocate Aseem Sawhney said that investigation is already underway by the Crime Branch in regard to FIR 11/2012, the SSP Rajouri has started parallel preliminary enquiry based on a complaint without registration of FIR and submitted that same is not permissible in law.
SSP Rajouri is without any authority conducting an inquiry into a complaint where the subject matter is pending probe before the Crime Branch Jammu and in this act of exceeding the jurisdiction and powers vested under the Police Rules and CrPC the said respondents are causing undue harassment to the petitioners. Advocate Sawhney further submitted that when the documents / records have been seized by the Crime Branch which has registered an FIR in respect to the same case, how the SSP Rajouri can conduct a parallel enquiry, therefore the act of the SSP is arbitrary and illegal and therefore be prohibited.
Justice Dhiraj Singh Thakur after hearing Advocate Aseem Sawhney in length asked Senior AAG to file reply in the petition and ordered that subject to objections and till further orders, the enquiry being conducted by SSP Rajouri in regard to the same offence, which is under investigation by the Crime Branch, shall remain stayed. JNF
