The ‘Bogus voting’ case in Khanyar Constituency, which was listed for hearing on February 21 in the court of Chief Judicial Magistrate Srinagar, will now be heard by High Court after the respondent approached superior court seeking the quashment of the proceedings in trial court.
Pertinently, Muhammad Khursheed Aalam, PDP candidate from Khanyar who lost recent assembly election to NC candidate Ali Muhammad Sagar, had submitted a petition before the CJM Srinagar Virender Bohu, praying that bogus voters were used to cast their votes during the recently held polls. The plaintiff in his petition had prayed that he had several times, via written pleas, asked the concerned authorities including the then Deputy Commissioner (DC) Srinagar who was also District Election Officer to delete the wrong entries in the voting list, but despite his repeated pleas, the DEO did not act.
While taking note of the complaint, the CJM had directed SHO Khanyar to investigate the matter and register a case against all those involved in the issue, including the electoral officer, if allegations are found substantial. The CJM had also directed the police to submit its report on February 21.
The counsel for petitioner, Advocate MA Shah informed CNS that if a person does not agree with the proceedings of a trial court, every person has a right to move to superior court. “Then District Election Officer and DC Srinagar Farooq Ahmed Shah who through his counsel has gone to High Court seeking intervention in terms of 560(1A) CrPc for quashment of proceedings in trial court with regard to Bogus voting allegations against him in Khanyar. Matter was listed before Honorable court of Justice Masoodi,” he said.
“The respondent, Farooq Ahmed Shah has gone to Honourable High Court and hired the services of a lawyer and he has preferred a petition under 560 (1A) seeking quashment of proceedings before the CJM Srinagar where from directions had gone to police station Khanyar to register a case in case cognizable offence is made out against the accused and against that Honourable Justice Masoodi after observing the case has summoned all the parties to submitt all the records before his court,” he said.
Advocate Shah added that proceedings have remained stayed till the matter is considered on 18th of March next month.
“The matter had earlier been listed by CJM Srinagar on February 21 but on the orders of Surperior court, CJM cannot proceed and virtualy make any order further over the petition,” he said adding that no hearing can take place on Feb 21 now as the respondent has approched the superior court.
The counsel for PDP petitioner said that they will file a detailed information in response to the objections raised by the respondent with in a week’s time.