Jammu, February-16 Agencies:- Supreme Court of India – Bench comprising of Justice Pinaki Chandra Gosh and Justice R . Nariman has issued notice to Mr Hilal Rather of Simula Ltd, who happens to be son of former Finance Minister Mr A R Rather and others in a SLP filed by Dr Rehmatullah Khora through Advocate Aseem Kumar Sawhney and Dharmendra Kumar Sinha Adv. on Record (AoR).
Besides Dr Rizwan Rahim Bhat S/o Ghulam Mohi Ud Din Bhat R/o 179 Rawalpora Housing Colony, Sanat Nagar Srinagar at present Tawi Vihar Sidhra, Jammu, Ghulam Mohd. Bhat S/o Ghulam Mohi ud Din Bhat R/o 179 Rawalpora Housing Colony, Sanat Nagar Srinagar at present Tawi Vihar Sidhra, Jammu, Daljit Wadhera S/o Late Sohan Lal R/o Raj Bagh Ujh, Old Janipur , Jammu, Tarsem Singh Jamwal S/o Sh Waryam Singh Jamwal R/o Sainik Colony Jammu, Mudassir Ahmed Raina S/o Ghulam Mohammad Raina R/o Hussainpora, Tehsil Chadoora Budgam, Srinagar, Manzoor Ahmed Wani S/o Haji Ghulam Nabi Wani R/o Village Yarikhan, Khansahib, Budgam and State of J&K through Station House Officer, Bahu Fort, Jammu.
Mr Aseem Kumar Sawhney submitted before the Supreme Court that the J&K High Court (Vacation Bench) had passed a final order dated 11.01.2017 in a Petition under section 561 A of the J&K Code of Criminal Procedure (akin to Section 482 of the CrPC) Petition u/s 561 A No. 20/2017 whereby the High Court on the very first hearing disposed of the Petition without even affording an opportunity of being heard or filing objections or report to the petitioner (complainant) or the State (respondent no. 7) and instead of quashing the FIR which was the only prayer of the respondents 1-6 (petitioners before the High Court) granted Anticipatory Bail to all the accused including one who is the former Finance Minister’s son.
Mr Sawhney submitted that the High Court has committed manifest and grave error in law by granting of relief of stay of arrest or grant of anticipatory Bail in a petition where such relief was never sought and only relief sought was quashing of the FIR. and whether such a direction is contrary to the Judgment of this Hon’ble Court in The State Of Telangana vs Habib Abdullah Jeelani & Ors on 6 January, 2017 wherein the Supreme Court has held the High Courts, while dismissing the application under Section 482 CrPC are passing orders that if the accused-petitioner surrenders before the trial magistrate, he shall be admitted to bail on such terms and conditions as deemed fit and appropriate to be imposed by the concerned Magistrate. Sometimes it is noticed that in a case where sessions trial is warranted, directions are issued that on surrendering before the concerned trial judge, the accused shall be enlarged on bail. Such directions would not commend acceptance in light of the ratio in Rashmi Rekha Thatoi (supra), Gurbaksh Singh Sibbia (supra), etc., for they neither come within the sweep of Article 226 of the Constitution of India nor Section 482 CrPC nor Section 438 CrPC. This Court in Ranjit Singh (supra) had observed that the sagacious saying a stitch in time saves nine may be an apposite reminder and this Court also painfully so stated.
The Counsel for the petitioner Mr Aseem Sawhney submitted that while granting stay of arrest and anticipatory bail to the accused/respondents the High Court has completely failed to consider fact that the accused were highly influential persons- accused no. 1 being the son of Former Finance Minister of J&K State and several of the accused are National Conference leaders and involved in serious and heinous offences like 341, 342, 323 and 363, 34 RPC and were not cooperating with the Police/ I.O.
He also submitted that the High Court has committed grave error in law by passing the impugned judgment without adhering to the principle of natural justice and without affording the petitioner (complainant) and the State a single opportunity of being heard or even any right to file objections and has disposed of the petition at the very first hearing while directing the Police not to arrest the accused in heinous offences of kidnapping etc and the Court below has committed manifest and grave error in law by granting of relief of stay of arrest or grant of anticipatory Bail in a petition where such relief was never sought and only relief sought was quashing of the FIR.
On hearing and going through the submissions made in the petition the Supreme Court issued notice to the accused- Hilal Rather, State of J&K and others. (Agencies)
RTI Activist moves Supreme Court against Order of stay of arrest SC issues notice to Ex. Minister Rather’s son, others
