|Early Times Report|
JAMMU, Feb 16: A Supreme Court division bench of Justice Pinaki Chandra Gosh and Justice R Nariman has issued notice to the son of ex-finance minister A R Rather.
The court notice came in a SLP filed by an RTI activist against Hilal Rather, son of A R Rather, of Simula Ltd.
The counsel for the petitioner submitted that a J&K high court vacation bench had passed a final order on January 11, 2017 in a petition under section 561 A of J&K Code of Criminal Procedure (akin to section 482 of CrPC) whereby it had 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 or state and instead of quashing the FIR, which was the only prayer of the respondents 1-6, granted anticipatory bail to all the alleged accused, including Hilal who is the former finance minister's son.
He submitted that the high court had committed a grave error in law by granting the relief of stay of arrest or anticipatory bail as it was never sought and only relief sought was quashing of the FIR.
He submitted that while granting anticipatory bail to the accused, the high court had completely failed to consider the fact that the accused were highly influential persons and several of them were National Conference leaders who were allegedly involved in serious and heinous offences like and were not cooperating with police.
He submitted that the high court had committed grave error in law by passing the impugned judgment without adhering to the principle of natural justice and without affording the petitioner and the state a single opportunity of being heard or even any right to file objections and had disposed of the petition on the very first hearing while directing police not to arrest the accused.
On hearing and going through the submissions made in the petition, the Supreme Court issued notice to Hilal Rather, atate of J&K and others.
The notice was also issued to Dr Rizwan Rahim Bhat, son of Ghulam Mohi Ud Din Bhat of Rawalpora Housing Colony, Sanat Nagar, Srinagar (at present Tawi Vihar, Sidhra), Ghulam Mohammad Bhat, son of Ghulam Mohi ud Din Bhat of Rawalpora Housing Colony (at present Tawi Vihar, Sidhra), Daljit Wadhera, son of Sohan Lal of Raj Bagh, Ujh, Tarsem Singh Jamwal, son of Waryam Singh Jamwal of Sainik Colony, Mudassir Ahmed Raina, son of Ghulam Mohammad Raina of Hussainpora, Budgam, Manzoor Ahmed Wani, son of Haji Ghulam Nabi Wani of Yarikhan, Budgam and state of J&K through SHO of Bahu Fort police station.