BJP MLA’s son fired as PP for being soft to ‘killers’ of
Kashmiri trucker
Two BJP-sponsored Govt. advocates were disengaged in September for supporting ban on cow-slaughter and consumption of beef in J&K
Two BJP-sponsored Govt. advocates were disengaged in September for supporting ban on cow-slaughter and consumption of beef in J&K
Ahmed Ali Fayyaz
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JAMMU, May 4: Chenani MLA Dina
Nath Bhagat’s son, Naresh Kumar Bhagat, is the 5th BJP-sponsored
lawyer dismissed as a government advocate by the PDP-led coalition in Jammu and
Kashmir. Even as officials quoted only ‘poor performance’ and the order issued
by Department of Law and Parliamentary Affairs on May 1st, 2016, did
not specify the reasons in detail, well-placed government sources confirmed
that advocate Bhagat’s services as Public Prosecutor (PP) in the court of
District and Sessions Judge Udhampur were terminated for his being “hand-in-glove”
with the assailants of a young Kashmiri trucker, Zahid Rasool Bhat of South
Kashmir.
Around 20-year-old student,
who occasionally boarded a neighbour’s truck as cleaner from Anantnag to Jammu
and Delhi, Zahid had succumbed to injuries in New Delhi’s Safdarjung Hospital
on October 17, 2015. He, alongwith, driver Shaukat Ahmad, had sustained
critical injuries when a group of Udhampur residents, allegedly owing
allegiance to radical Hindu outfits, attacked their truck late in the night on October
9 in Shiv Nagar neighbourhood of Udhampur.
In the wake of the
separatist-sponsored shutdown and demonstrations in Kashmir valley, Udhampur
Police Station filed FIR and launched a crackdown. Of the seventeen persons allegedly
involved in the attack, eight were arrested for the fatal attack. They had
broken windscreen of the targeted truck and set it on fire when Zahid and Shaukat,
alongwith another youth, Rameez, were preparing to sleep on board. Zahid
sustained 70% burn injuries and subsequently died on October 17.
Remaining nine persons were
booked under Public Safety Act (PSA) by the District Magistrate Dr Shahid Iqbal
Choudhary on a dossier prepared by SSP Udhampur and detained in Jammu’s Kote
Bhalwal Jail.
“Rather than pursuing the
case in the court, the PP looked hand-in-glove with the accused. He would often
carry out political tours with his father. Since the Police went unpresented
and the District Court ordered release of an accused as juvenile, SSP observed
that the PP was remarkably soft towards the accused. Finally, Government had no
option but to terminate the PP’s service”, DC Udhampur Dr Shahid Iqbal told
STATE TIMES.
According to DC Udhampur,
SSP filed a written complaint which was forwarded to Director General of
Police, K Rajendra Kumar, and further to Principal Secretary Home, R.K. Goyal.
Both of them were perturbed over Mr Bhagat’s conduct and performance. Principal
Secretary Home requested Commissioner-Secretary Law, Mohammad Ashraf Mir, to terminate
advocate Bhagat’s service and engage a new PP on merit. Now functioning under
PDP’s Abdul Haq Khan, Department of Law on May 1st ordered dismissal of Mr Bhagat
and Additional PP of Kathua, Sunil Singh.
During Mehbooba Mufti’s
regime, 3rd Additional PP of Jammu, Sarvesh Gupta, was the first
government advocate to be fired on April 25 for submitting acquittal of some rape
accused persons after expiry of the period of appeal.
In Jammu division, almost
all the lawyers picked up by the Mufti government as Additional Advocate
General, Deputy Advocate General, Government Advocate, Public Prosecutor or
Standing Council, were closely linked to BJP leaders and sponsored by their
party. Advocate General, Jehangir Iqbal Ganai (who was later replaced by senior
advocate D.C. Raina in Governor’s rule), besides AAGs, DAGs, PPs and Standing
Councils picked up from Kashmir Division were favourites of the PDP.
On September 22, 2015,
Mufti Mohammad Sayeed’s government terminated the services of two BJP-linked
advocates on account of their failure to represent the State when, on September
9, 2015, a Division Bench of Jammu and Kashmir High Court, comprising Mr
Justice Janak Raj Kotwal and Mr Justice Dhiraj Singh Thakur, had directed DGP
to strictly enforce a 150-year-old law banning cow-slaughter and consumption of
beef in Jammu and Kashmir
Advocate Vishal Sharma, who
was accused of dereliction of duty and breach of trust and fired as AAG,
happened to be the son of senior advocate and the J&K President of VHP,
Leela Karan Sharma. In 2008, Leela Karan Sharma had organised and led Amarnath
land agitation in Jammu.
Advocate Parimoksh Seth,
also closely linked to BJP, had been petitioner of the PIL seeking blanket ban
on cow-slaughter and consumption of beef as per a law introduced by erstwhile Maharaja
and adopted by the J&K Government after 1947. Mufti’s Government had
appointed him as Deputy Advocate General on BJP’s recommendation without
knowing whether or not he had withdrawn his PIL from J&K High Court. He
lost his job when he pursued the PIL that ran contrary to PDP’s political
interest.
Seth’s influence in BJP
could be gauged by the fact that in days of his dismissal, Himachal
Pradesh-based BJP MP Anurag Thakur got him engaged as a counsel in the
prestigious Board of Control for Cricket in India (BCCI).
Police officers in Udhampur
say that District Court could not enlarge one of the accused, Suneet Singh, on
bail as juvenile as, according to the prosecution, he was not a minor. They say
that the accused was released only because the PP did not contest it. However,
DC Udhampur insisted that the order was not implemented as the Police
challenged it in High Court.
Udhampur-based lawyers claimed
that District Court enlarged not only Suneet Singh but also another accused,
namely Vikas Sharma, on bail. They claimed that both had been released. They
said that High Court has, meanwhile, stayed proceedings of the trial court.
END
[Published
in today’s STATE TIMES]