The Jammu and Kashmir High Court Tuesday kept it’s judgment reserved with regard to ‘illegal’ security cover given by police to then PRO to DyCM Tara Chand and the rape and murder allegations leveled against Tara Chand by his PRO Kewal Krishan.When the writ petition came up for hearing in the court of Justice Tashi Rabstan, Advocate Sheikh Shakeel Ahmed with Advocate Rahul Raina appearing for the petitioner drew the attention of the Court to the latest status report filed by General Administration Department wherein it was disclosed that after considering the reports of A.S. Sahu (IAS) the then Deputy Commissioner Jammu and Shantmanu (IAS) the then Divisional Commissioner Jammu recommending stern action against Kewal Krishan Sharma the case has been referred to the Principal Secretary Forest, Ecology and Environment Department for initiation of Regular Departmental Action against Kewal Kumar Sharma the then PRO to Ex-Dy.CM under J&K Classification Control and Appeal Rules, 1956 being cadre controlling authority of the delinquent public servant and the Forest Department has been directed to conclude the finding of Regular Departmental Action within one month under intimation to GAD (Vig).
Advocate Ahmed according to CNS submitted that in view of the intervention of the Court the undue security cover has been withdrawn from Forest Guard turned APRO Kewal Sharma and to that extent the petitioner is not inclined to press this relief. He further submitted that the petitioner’s prayer with regard to initiation of action against APRO with regard to the incident of September, 27, 2014 when Kewal Sharma was seen distributing cheques amounting to Rs.20.00 lacs in presence of SDM Khour among the flood affected people of Village Palatan and Chahani Divanoo of Sub-Division Khour has also been granted with the GAD directing the Principal Secretary Forest to hold Regular Departmental Action against the delinquent within one month.Advocate S.S. Ahmed argued that he will press the impleadment of two IPS Officers namely Atul Goel and Anand Jain who being SSPs of Jammu provided undue security cover to Kewal Sharma in breach of the established norms.
Advocate Ahmed further drew the attention of the court to the order passed on April, 27, 2015 whereby the Court after considering the status report of PHQ observed that the question of impleadment of the then SSPs will be considered after Kewal Sharma files his version. He further submitted that SSP Security Jammu in his affidavit filed on October, 29, 2014 has categorically submitted that no security was provided to Kewal Sharma from Security Jammu. Advocate Ahmed also drew the attention of the Court to the RTI information wherein security headquarters divulged that case of Kewal Sharma for threat perception was never referred to the security wing.Advocate S.S. Ahmed vehemently argued that two IPS officers without caring for the established procedure provided undue security cover to Kewal Sharma just on political considerations as the case of the said individual was never assessed by the field agencies and the then SSPs just to remain in good books of then Deputy Chief Minister provided undue security cover which was blatantly misused by the then PRO to Ex-Dy.CM.
Advocate Ahmed further submitted that both senior Police Officers are required to be arrayed as party respondents so that they are put to notice and asked to explain their conduct as to why in breach of established norms undue security cover was provided to a Forest Guard turned PRO.On the other hand AAG Vishal Sharma appearing for Home Department submitted that since the security cover has already been withdrawn as such the writ petition has been rendered infructuous and the impleadment of two IPS officers is wholly unwarranted. He further submitted that it was an interim measure to provide security to Kewal Sharma as per then situation existing and later the said security was withdrawn.Senior Advocate K.S. Johal with Advocate Aashray S. Choudhary appearing for Kewal Sharma vociferously argued the application filed for security cover to the Ex-PRO and also submitted that the allegations leveled in the press conference by Kewal Sharma should be investigated in order to unearth the truth. Johal also submitted that Ex-PRO is facing threat to his life and in fact Kewal Sharma is a whistleblower and needs to be protected.
At this stage Senior Advocate U.K. Jalali with Advocates Anuj Sawhney, Priyanshu Sharma and Jasleen Kour caused appearance on behalf of Tara Chand Former Deputy Chief Minister and sought intervention in the matter. Senior Counsel U.K. Jalali submitted that Former Deputy CM have moved an application in the matter in order to rebut the allegations leveled by his former PRO Kewal Sharma. Jalali invited the attention of the Court to the statements made by Kewal Sharma before J&K State Accountability Commission and in an enquiry before Atul Goel (IPS) the then SSP Jammu wherein Kewal Sharma denied allegations against Tara Chand Former Deputy CM. Jalali further submitted that Kewal Sharma is unnecessarily targeting Tara Chand and the Ex-PRO has been making contradictory statements at various forums just to malign the reputation of Former Deputy CM. Jalali sought the dismissal of application filed by Kewal Sharma for CBI probe and for security.
Senior Counsel U.K. Jalali also sought dismissal of the writ petition on the ground of locus standi and also referred the Judgments of the Supreme Court with regard to the maintainability of the writ petition.Advocate Ahtsham Bhat appearing for GAD submitted that action has already been initiated by the GAD against Kewal Sharma by referring the matter to the Forest Department for a time bound enquiry and he further submitted that the petition has been rendered infructuous and the same may be dismissed.After hearing the matter at length Justice Tashi Rabstan reserved the matter for Judgment. (CNS)