J&K High Court Closes 'Vague' PIL Seeking CBI Probe Into Appointment Of 'Special Police Officers' In J&K Police

The bench comprising Chief Justice N. Kotiswar Singh and Justice Moksha Khajuria Kazmi observed that the petitioner's allegations were vague and lacked proper disclosure of credentials. Despite granting time on multiple occasions for filing a better affidavit, the petitioner failed to comply.

The petitioner, who remained unidentified as none appeared on their behalf, had urged the court to direct an investigation into the appointments of SPOs as Constables during the mentioned period, alleging illegality. However, the court raised concerns about the vagueness of the allegations and the petitioner's failure to provide proper credentials.

Despite granting a month's extension for the petitioner to file a more detailed affidavit, the court observed that the necessary information was not submitted, despite multiple deferments. The court emphasized that the matter fell within the domain of service jurisprudence, as previously noted in the order dated 03.06.2022, and highlighted the absence of specific details on the alleged illegality in the selection and appointment process of SPOs as Constables.

“It has not been pleaded how the selection and appointment of SPOs as Constables are illegal and whether any questionable method has been adopted, which would render these appointments illegal”, the bench recorded.

Expressing the need for proper pleading on the illegalities involved in the selection process the bench also underscored the absence of any impleaded beneficiaries who would have the right to be heard in case of any adverse court order.

Consequently, the High Court, in its wisdom, decided to close the PIL, allowing the petitioner the liberty to approach the court again with better particulars.

Case Title: Dr. Sandeep Mawa Vs U.T. of Jammu & Kashmir.

Citation: 2023 LiveLaw (JKL) 313

Counsel For UT of J&K: Mr. Mohsin Qadri, Sr. AAG with Ms. Maha Majeed, Advocate.

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