Srinagar, Apr 20: The High Court of Jammu and Kashmir and Ladakh has stayed re-investigation order passed by Special Judge Anti-Corruption, Jammu against the wife of ex-Forest Minister Chowdhary Lal Singh, accused of encroachment of 100 Kanals of Forest Land.
The court of Justice Mohan Lal put on hold the reinvestigation order while ruling that the Special Judge Anti-Corruption has no power to order reinvestigation in the case as the same lies in the exclusive domain and jurisdiction of the High Court and the Supreme Court.
The single bench was hearing a plea by Kanta Andotra, who is Chairperson of R.B. Educational Trust Kathua, challenging special judge’s order to dig up the case involving illegal encroachment of 100 kanals of Forest Land.
It was alleged in the chargesheet filed by CBI that the Chairperson, Andotra in connivance with revenue and forest officials has acquired and is holding land for the Trust which is more than the ceiling limit of 100 standard kanals (12 ½ standard Acre) in violation of Section 14 of Agrarian Reforms Act 1976.
The trial court had observed that total land of R.B. Education Trust Kathua was found to be 328 kanals 19 marlas in excess of ceiling area as per section 14 of Agrarian Reforms Act 1976.
The trial court had said that the investigating agency may have overlooked this aspect and, accordingly, ordered that the case needs to be reinvestigated on all aspects.
Earlier the special judge had granted four months for reinvestigation to be completed under the supervision of the CBI.
Seeking quashing of the order, the counsel representing the petitioner argued that the trial court Special Judge Anti-Corruption (CBI Cases) Jammu has the powers of a Magistrate only to direct further investigation in terms of Section 173 (8) Cr.pc, however, no power exists in the said Magistrate to order re-investigation of the case in hand.
Slamming the breaks on investigation, the court directed the CBI through counsel Monika Kohli to file objections to the plea and posted the matter for hearing on May, 03.
The court held that Superior Courts have the jurisdiction under Section 482 or even under Article 226 of the Constitution to direct re-investigation of the case, while the Magistrate has no jurisdiction or power to order the re-investigation.
Relying on Supreme Court judgment in Vinay Tyagi v. Irshad Ali alias Deepak & Ors., theo court said, “the Ld. Special Judge Anti-Corruption (CBI Cases) Jammu being Court of Magistrate also has no power/jurisdiction to order re-investigation in the case in hand which lies in the exclusive domain and jurisdiction of High Court and Supreme Court.”
“Till the filing of objections by respondent no.1 (CBI) and consideration of the petition in hand, impugned order dated 27-03-2023 passed by the trial court is stayed,” Justice Lal said.
