Anticorruption court reject JK Bank plea for releasing of Files

12/11/2019

SRINAGAR, Nov 11: Special Judge Anticorruption Kashmir RN Wattal rejected the J&K Bank plea reagarding releasing of files seized by Anticorruption Bureau Kashmir in a raid laid down on 8th of June 2019 in case registered under FIR No.10/2019.
In the application filed by Jammu and Kashmir Bank Ltd Corporate Headquarters Srinagar Through its Executive Law, Peerzada Umer Amin seeking the release of files seized by non-applicant in a raid laid down on 08-062019 in case registered under FIR No.10/2019. The grounds projected for release of these files are that the non-applicant during raid in the office of Mr. Asif Raja the Senior Executive Recruitment of the applicant bank seized number of files from his custody. Some of the files pertain to various processes undertaken by the applicant bank, and some of these files relate to bank Employees compassionate cases and some files relate to personal files of left out candidates who have been appointed as Banking Associates (Contractual) in the month of October 2018. The application is purely legal and if allowed would advance the cause of justice. As per police report reveals that on 08-06-2019 in compliance to search warrant issued by the court, a search was conducted at Corporate Office of JK Bank Dalgate Srinagar in connection with the investigation of the case FIR No.10/2019 of P/S ACB-SLKB Srinagar. During the course of search, various records/files were seized on spot in presence of Executive Magistrates deputed by the concerned department. The records/files pertains to compassionate appointment cases, applications/recommendations for appointments in JK Bank, casually engaged persons, absorption of gardeners, personal files of left out candidates who have been appointed as banking associates. These files are presently under investigation and is material evidence and same is required during the course of investigation in order to conclude the investigation of the case on merits.
It has been prayed in the police report that the application preferred by the applicant bank may kindly be rejected in the interest of investigation. Special Judge Anticorruption Kashmir RN Wattal observed that the investigation of the case is in its culminating stage and the files that are sought to be released are proximately related to the case and are required by the investigating agencies for logical conclusion of the case. The release of these files at this stage would defeat the very purport of the investigation.
Moreover, the said FIR pertains to illegal appointment scam and exchange of huge amount is alleged to have been misappropriated in the Jammu and Kashmir Bank. The case is very sensitive in its nature, has assumed public importance and involvement of big fishes in the case is still under investigation. The stage is not ripe for the release and it would not be appropriate to invoke the jurisdiction vested in court for releasing the files seized by ACB(K). Further the release of these files at this stage shall hamper the investigation of the case.
Court further observed that the stage of moving the instant application is premature and cannot be considered in light of sensitivity of the case and stage of investigation. With these observations, the application being devoid of any merit or substance is dismissed at this stage

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