DESPITE ABROGATION OF ART 370, STATE SUBJECT GHOST STILL HAUNTS CITIZENS OF INDIA

Court grants bail to CA in fake PRC case

24/01/2020

JAMMU, Jan 23: The 2nd Addl. Sessions Judge Jammu, Mr V S Bhou today granted bail to one Mr Ajay Kumar Son of Surinder Kumar Khanna who is a CA by profession, in a case FIR registered at Police Station Janipur Jammu under sections 420, 467, 468, 471 IPC.
Mr A K Sawhney Advocate with Mr Neeraj Singh, Mr Anil Kumar Sharma, Mr Akeel Wani, Ms Tania and Ms Pallvi Sharma advocates appeared for the petitioner.
Mr A K Sawhney submitted before the Court that the petitioner has been falsely and illegally implicated in the fake PRC case, as the petitioner had a civil dispute with one of his junior CAs who attempted to garb his wife's property where he was running his firm's office at Gandhi Nagar Jammu and that CA and his wife also a junior CA had filed a civil suit but were not able to get any injunction from the Civil Court regarding dissolution of the firm, which the petitioner had founded and therefore abusing the authority vested to his real brother as a DySP he managed a complaint to be filed before the Crime Branch, which did not take any cognizance of the matter and then this false FIR was managed in the Police Station Janipur using the influence of some senior police officer The Advocate for the petitioner Mr A K Sawhney attacked the power of the Police to arrest in terms of Section 41 and 41 of the Indian CrPC. He also submitted before the Court that said FIR is sheer abuse of authority after the abrogation of Article 370 and 35 A of the Constitution had put a quietus to the matter, however the Police has abused its powers to harass a citizen of India at the behest of a DySP who has abused his authority to attempt to grab the prime Gandhi Nagar property of the petitioner for his CA brother-, sister in law, CA and father with whom the petitioner is in civil litigation in the Court of 2nd Munsiff Jammu.
The same was merely an arm twisting method to ensure that the property and practice of the CA Ajay Kumar was grabbed by the junior CAs in connivance with their father and brother DySP, thus the same is misuse of authority and criminal act, Mr Sawhney submitted before the Court.
He submitted that the Govt of J&K had enacted a law called the Grant of Permanent Resident Certificates Act and Rules, which prescribed and defined a State Subject/ Permanent Resident Certificate, its procedure for issuance and procedure for cancellation and penalty for issuance of wrong and fake PRCs. However, with the J&K Reorganisation Act 2019 passed in August 2019 by the Parliament of India, the said Act and Rules was repealed and thus the offence as envisaged in the special act too had been repealed, but now but the Police in sheer abuse of authority at the behest of the mischief mongers and property grabbers headed by DySP in Police had ensured lodging of this false complaint/ FIR under IPC while the special Act for the same has been repealed now and neither there is any PRC nor any fake PRC, thus the concept of State Subject itself is now redundant.
He said that there was no law, no constitution of J&K requiring a person to have a PRC then how the offence of a fake PRC can be investigated by Police, which was to be done in light of the special laws by the State Subject Inquiry Commission headed by retired Judge of the Court and only on that Commission's recommendation, the PRC, property and FIR had to be registered but once the law was repealed it did not give absolute powers to the Police to harass people for settling civil disputes.
He said today every citizen of India can purchase land in India in J&K and any law if at all had been committed, if presumed; cannot be taken cognizance of, since now the act has been repealed. He referred to various Supreme Court Judgments and High Court judgments on the subject.
He also referred to the City Judge's order of rejecting the bail plea, and said that the same was parochial, erroneous and the City Court did not appreciated the concept of bail not jail and arrest procedure of Section 41A CrPC came into existence after 5th August 2019. He said though there is judicial discretion, but that too is not unfettered and Court too cannot violate the law of the land which says that every person is to be presumed innocent till proved guilty, which principle the Magistrate did not understand and appreciate.
The Court after hearing the arguments of Mr A K Sawhney and APP for the UT Police granted bail to the petitioner on conditions imposed by the Court.

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