In a significant order Justice Bansi Lal Bhat of Jammu and Kashmir High Court (Jammu Wing) today directed Director General of Police, J&K and Senior Superintendent of Police, Jammu to produce the entire records leading to the issuance of the enquiry report whereby the then SSP Jammu Atul Goel (IPS) closed the complaint lodged by the petitioner seeking constitution of a SIT to probe the allegations leveled by Kewal Krishan Sharma on July, 26, 2013 in a press conference against the then Deputy Chief Minister J&K Sh. Tara Chand wherein Kewal Sharma alleged that the then Deputy Chief Minister is involved in murder of three persons, corruption, immorality and rape of two Jammu based girls and besides this Kewal Sharma also alleged apprehension of elimination at the hands of the then Deputy Chief Minister.After hearing Advocate Sheikh Shakeel Ahmed appearing for the petitioner Bharat Bhushan a Jammu based Journalist, Justice Bansi Lal Bhat issued notices to the Commissioner/Secretary General Administration Department, Commissioner/Secretary Home Department, Director General of Police J&K, Senior Superintendent of Police Jammu and Atul Goel (IPS) the then SSP Jammu and presently on deputation to National Investigation Agency (NIA) New Delhi requiring them to file detailed response within three weeks from today. Looking into the urgency involved in the matter Justice Bhat directed the Registry to list this petition in the week commencing 17th August, 2015. These directions were passed in the open court by Justice B.L. Bhat on Tuesday.
After hearing Advocate S.S. Ahmed Justice Bansi Lal Bhat according to CNS observed that it is contended that the complaint of the petitioner dated October, 18, 2013 seeking Constitution of SIT to probe the allegations leveled against the then Deputy Chief Minister was closed arbitrarily by the then SSP Jammu Atul Goel after the Additional PRO to the then Deputy Chief Minister took U-Turn to the press conference held by him. Justice Bhat further observed that it is further contended that the allegations were leveled by the Additional PRO in sequel to the complaint lodged by Smt. Raj Rani W/o Kewal Krishan in Police Post Pouni Chak Jammu that her husband has informed her telephonically that Deputy C.M. is annoyed with him for some reason and he apprehends elimination at the hands of the then Deputy Chief Minister.Justice Bhat further observed that it is further contended that Atul Goel (IPS) the then SSP Jammu succumbed to the pressure emanating from the Deputy Chief Minister as he closed the preliminary enquiry mechanically even without associating the petitioner who had lodged the complaint.
Advocate S.S. Ahmed strenuously argued that the preliminary enquiry was closed on the sole statement of so called whistleblower Kewal Krishan Sharma who denied the allegations leveled during the press conference held on July, 26, 2013. He further submitted that the then SSP Jammu in a secret enquiry recorded the statement of K.K. Sharma on February, 25, 2014 wherein he took a complete U-Turn and deposed that the allegations were leveled during the press conference on being prompted by political opponents of the then Deputy CM including one Pawan Kumar who belongs to Chamb constituency. Kewal Sharma further deposed that on the relevant date he was not in fit mental condition and was taking drugs so he was not being very sure about the statement made by him.Advocate Ahmed further submitted that the then SSP Jammu treated the statement of Kewal Sharma as gospel truth and did not deem it proper to identify the so called political opponents of Sh. Tara Chand including one Pawan Kumar who had prompted Additional PRO to level allegations. Advocate Ahmed further submitted that no attempt was made by the then SSP Jammu to probe the complaint fairly as he was under tremendous political pressure to bury the matter and further the said SSP wanted to remain in good books of the Political bosses.
Advocate S.S. Ahmed further submitted that presently Atul Goel (IPS) is on deputation to NIA and notices be issued to Ministry of Home Affairs, Govt. of India and Director General NIA as the said Officer is not fit to continue in NIA as he succumbed to the political pressure generated by the then Deputy Chief Minister. Advocate S.S. Ahmed further submitted that Kewal Sharma had during press conference alleged termination of pregnancy of a Jammu based girl through one wireless operator Muhammad Ayub and even the then SSP Jammu did not make any effort to record his testimony.
Advocate S.S. Ahmed invited the attention of the Court to the Supreme Court order passed in Niira Radia’s tapped conversation case wherein the Apex Court directed the CBI to register several preliminary enquiries to probe criminality emanating from the taped conversations between Niira Radia a Corporate lobbyist and politicians.The petitioner has prayed for quashing the enquiry conducted by Atul Goel (IPS) the then SSP Jammu and for entrusting the whole matter to the Central Bureau of Investigation (CBI) so that the allegations are probed fairly uninfluenced by the pressure of Former Deputy Chief Minister. The petitioner has also sought directions to the MHA and Director General NIA to remove Atul Goel (IPS) from NIA as his continuation can be detrimental to the national interest. (CNS)