Darjeeling Court asks DM to file affidavit

Darjeeling, Aug. 28: The Darjeeling chief judicial magistrate has directed the district magistrate to file an affidavit in court tomorrow, explaining if actions taken by him in running a minority community welfare society should not “be treated as interference in the jurisdiction of the court”.

Biplab Roy, the chief judicial magistrate, while hearing a bail application of Zahid Khan, a former member of Anjuman-E-Islamia board and municipal councillor, remarked that the district magistrate’s action to hold a parallel investigation, thereby interfering with the jurisdiction of the criminal court “under no circumstances can be approved or appreciated”.

The magistrate was hearing the case yesterday.

Khan was arrested on July 31, after the Wakf Board filed an FIR on July 18 alleging that eight members of the board of Anjuman-E-Islamia, the welfare society looking after the interests of the minority community, had been involved in acts of “criminal breach of trust, cheating and dishonesty, inducting delivery of property, forgery and criminal conspiracy”. Even before the case was filed by the Wakf board, the eight members of the Anjuman-E-Islamia board had given their resignations to district magistrate Puneet Yadav on June 2. Yadav, according to the society’s constitution, became the administrator.

Magistrate Roy said: “I find from the records that in spite of investigation of the case by IO (investigation officer), the DM has been holding parallel investigation interfering with the jurisdiction of the criminal court….”

He cited an audit, ordered by the DM. “How the DM has given such a direction for holding audit when the matter is within the jurisdiction of the criminal court and investigation is conducted by one S.I (sub-inspector) of police.”

Source: http://www.telegraphindia.com