May handover case to CBI: Court

Srinagar: Unimpressed by the progress of investigation into the CET-2012 scam, a Division Bench of J&K High Court on Wednesday said it was mulling to handover the case to Central Bureau of Investigation.
“During the last hearing, we were loudly thinking of entrusting investigation to CBI. Reason is that in such a matter, when slackness is being shown by the state agency, then something has to be done,” the bench of Chief Justice M M Kumar and Justice Hasnain Massodi said.
“We cannot close our eyes to the nature of the crime. Tomorrow, it can be the ward of anyone of us. Those who are third-rate would be administering medicine, injection to us, performing surgeries on us. Health of the society is involved. Look at the consequences which are there. If it is not checked, anyone of us can be there in any of the hospitals and will be subjected to the treatment by such type of doctors.”
The observations were made by the bench after perusal of the status report filed by the Crime Branch of police about the steps taken to arrest absconding accused, particularly one Mushtaq Ahmad Kinoo who is said to be an influential business of south Kashmir’s Anantnag district.
When asked by the court about the attachment of Kinoo’s property, counsel for the Crime Branch informed that 17 marlas of land belonging to him has been attached.
“Why not his business establishments and bank accounts,” the bench responded.
“He is a businessman and seems to be clever,” the counsel replied.
“You (investigating agency) have to be cleverer. If they (absconders) think that they can devise ways and means to circumvent the process of law, then state also have ample powers to defeat their designs. Do not create an impression in the mind of court that you are protecting the powerful ones,” the bench said. “These persons are seen rubbing shoulders with high ups, and you say they cannot be arrested?”
“We have some idea what is happening. Do not create an impression that investigating agency is only to arrest those who do not wield any influence. 15 persons are still at large which is a very high number; more than 20 percent. How trial court could proceed,” the bench said.
“We are only requesting. The nexus is writ large in our mind. Kindly break this nexus. Why anyone enjoying power protects a person who is indulging in lawlessness of such a nature, such a magnitude which is cancerous to the society.”
The bench asked Crime Branch agency not to think that it can “pull wool over the eyes of court.”
“Are we accepting that there is complete liquidation of police authority and the Crime Branch that they cannot locate these people? Shall we record your helplessness? Situation is not that bad in the state.
“You are trying to sell us the idea that you are making the best efforts. If this is the best what would be the worst effort?” the court said, emphasizing that cleansing of society was the primary duty.
“Law and order is the primary duty. To segregate criminals is the primary duty of the government.”