Srinagar: The J&K High Court ruled on Thursday that to seize money from elderly parents for alleged corruption done by their son is unjustified and without authority.
Justice Ali Mohammad Magrey in a detailed judgement set aside the order of Special Judge, Anti-Corruption Court, and directed the Investigating Officer, Crime Branch, to release the seized amount of Rs 9 lakh in favour of the petitioners, on their identification by the appearing counsel.
“The amount shall be released after taking proper security in the shape of undertaking from the petitioners to the satisfaction of Registrar Judicial of this Court to the extent of making available the amount in case the trial court directs for the same at the time of disposal of the case. However, the prosecution shall retain the details of the seized amount for purpose of finalising the investigation and using the same before the Trial Court,” Justice Magrey Court said.
The court recorded that the question was whether any recoverable amount from the accused son in a criminal investigation can be recovered from his old-age parents by seizing the amount on search from their bedroom.
“This question was put to the prosecution and from their stand, they could not support the seizure of recoverable amount from the accused son from his parents, on the strength of any provision of law,” the court observed.
The court further said that the respondents had also not justified the seizure with adherence to procedure, as the order of search made by the Special Judge, Anti-Corruption, did not make any reference to the seizure of the amount from aged parents, therefore the seizure was without authority.
On 14 May, the trial court had rejected the prayer of the parents on the ground that the investigation of the case was at its initial stage and the release of the money at this stage would defeat the purport of the investigation.