Is interference genuine or not?
- The Government has eight ACB Police Stations and exclusively allotted districts to each PS but the said GAD notification has not mentioned about any sort of interference into others jurisdiction.
- Only the PS ACB, Central has the authority to operate in the entire Jammu and Kashmir and can lay the trap.
- Jammu Jottings is receiving several calls to continue the said story so that truth may come in public domain, besides it will also great awareness for the people.
JJ CORRESPONDENT
Jammu, Jan 18: Why the Anti Corruption Bureau Rajouri accepted the complaint of Sominder Singh @ Sourav as the case belongs to Jammu district? What was the compulsion for Anti Corruption Bureau Rajouri to interfere in the jurisdiction of Anti Corruption Bureau Jammu? Has there any specified reason that Anti Corruption Bureau Rajouri interfered in the jurisdiction of Anti Corruption Bureau Jammu? Is this the compliance of GAD notification dated 20-07-2020 and S.O. 231 in which the jurisdiction of every Police Station of ACB specifically mentioned? These are the basic but itching questions irritating in the mind of public and these must be answered to quench the eagerness of the people.
The intriguing part of the story that the complainant is permanent resident of Jammu district, so called occurrence of offence is in Jammu district, office where trap is laid is situated in Jammu district, the officer who has been trapped is resident of Jammu district and there is not an iota of mentioning about Rajouri or Poonch district in this episode and .
The General Administrative Department of Government of Jammu & Kashmir has purposefully issued a notification vide S.O. 231 dated 20-07-2022 to smoothen the functioning of the ACB Police Stations to cover all the 20 districts of Jammu & Kashmir. The notification of GAD specifically mentioned as ‘so far as relevant apply in respect thereto’, which clearly indicates that relevant Police Station of ACB will tackle the complaints.
The said notification of GAD dated 20-07-2020 read as ‘S.O. 231 – In exercise of the power conferred by clause (s) of section 2 of the Code of Criminal Procedure, 1973 (2 of 1974) and in supersession of all notifications issued on the subject, the Government hereby declares the places mentioned in column II as “Police Stations of Anti Corruption Bureau” and further notifies the territorial jurisdiction of these Police Stations of Anti Corruption Bureau, Jammu and Kashmir as indicated in column III of the table below, for investigation of offences triable under the Prevention of Corruption Act, 1988 (49 of 1988) and the provisions of the Code of Criminal Procedure, 1973 shall, so far as relevant, apply in respect thereto:’ The scanned copy of order is being produced with the news to show the columns. ‘By order of the Government of Jammu & Kashmir’. The said notification is duly signed by the Manoj Kumar Dwivedi IAS, the then Commissioner/Secretary to Government of Jammu & Kashmir, General Administrative Department.
The order is much clear on the issue of allotting of territorial jurisdiction for operation and there is no provision to interfere in the other jurisdiction, whereas the order clearly depicts ‘in supersession of all notifications issued on the subject’, it means that all the previous notifications on this notifications are replaced. What is supersession in law? Let me explain here, ‘To obliterate, replace, make void, or useless. Supersede means to take the place of, as by reason of superior worth or right. A recently enacted statute that repeals an older law is said to supersede the prior legislation’. In this notification it is clearly stated at the end ‘By order of Government of Jammu & Kashmir.’ The same government issues order which is paying us and regulating us then how anyone can defy the same notification.
It is pertinent to mention that government has created eight (8) Police Stations of Anti Corruption Bureau to cover the 20 districts of Jammu & Kashmir. Out of eight Police Stations one Police Station is declared as Police Station Anti Corruption Bureau, Central and has the authority to operate in whole of Jammu and Kashmir, (20 districts). The Police Station Anti Corruption Bureau, Jammu mentioned on serial No 1 has the authority by virtue of said notification to strictly operate in the three districts including Jammu, Samba & Kathua. In the same sequence, the Police Station Anti Corruption Bureau, Rajouri mentioned on serial No 3 has the authority only to operate in Rajouri and Poonch (two border districts) as per the S.O. 231 dated 20-07-2020. Among these seven Police Stations Anti Corruption Bureau, there is only one Police Station Anantnag having the authority to operate in four districts including Anantnag, Pulwama, Shopian and Kulgam.
(To be continued)
