![]() Online edition of India's National Newspaper Saturday, Aug 19, 2006 |
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National
Legal Correspondent
NEW DELHI: The Supreme Court on Friday partially stayed a Jammu and Kashmir High Court in the "Srinagar sex scandal case," directing the Central Bureau of Investigation (CBI) to hold custodial questioning of all public functionaries named by kingpin Sabeena during the investigation. A three-Judge Bench, comprising Chief Justice Y. K. Sabharwal, Justice S.H. Kapadia and Justice C.K. Thakker, passed the interim order till August 28 while entertaining a special leave petition (SLP) filed by the CBI against the High Court judgment of August 11. Solicitor-General G.E. Vahanvati made a "mention" of the SLP before the Bench and explained the ramifications of the impugned judgment. In its order, the bench said: "We direct that till the next date of hearing, the Investigating Officer will conduct custodial interrogation of such persons as he may think fit and on consultation / instruction with the CBI Director." The Bench also issued notice to the Jammu and Kashmir Bar Association, Srinagar, and other respondents. The CBI had arrested 18 persons, including two MLAs who were former Ministers, a DIG of the Border Security Force, an IAS officer, a former Additional Advocate-General and two Deputy Superintendents of Police. It also instituted a case against 14 of them in competent courts of law. The High Court, on August 11, directed the CBI to arrest all those involved in terms of materials on record and concretise the action, including custodial interrogation regardless of their position and placement. The investigating officer was also directed to take appropriate action on the conclusions arrived at by him in respect of other persons mentioned in the case diaries. Assailing this order, the CBI, in its SLP, said the impugned order had wide-ranging ramifications and serious implications not only for the CBI but also for various other persons and institutions. The SLP said the CBI had been directed to all arrest all persons even without proper verification of the statements that had been made against them. The CBI wanted the apex court to frame the correct procedure to be followed in matters of this kind.
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