Petitioner to move Division Bench
SHILLONG: With the Single Bench of the High Court of Meghalaya headed by Judge SR Sen disposing of the petition on education scam on Monday, the petitioner has decided to move a larger Bench of the Court.
The single Bench disposed of the petition of Agnes Kharshiing citing that the case filed in the High Court is similar to the pending case in the Supreme Court.
While advocate N. Syngkon, the counsel on behalf of the petitioner, and V.K Jindal, senior counsel, assisted by M.K Marak on behalf of the CBI, were present during the hearing on Monday, the amicus curiae, K. Paul, was absent.
According to the Judge, as directed by the Court, P. Nongbri, the State counsel had filed an affidavit wherein in para 2, it was stated that the issue involved in the case is also pending before the Apex Court.
“If it is so, I am not inclined to entertain the petition since the matter is already before the Apex Court, otherwise it will amount to judicial indiscipline,” the Judge said.
The Court in the order also reproduced para 2 of the affidavit, which highlighted the statement of the deponent that during the pendency of the Special Leave Petition in the Supreme Court, the writ application on the same cause was filed before the High Court praying for a direction to hand over Laitumkhrah P.S. Case No. 62 (7) of 2011 to CBI.
However, both Kharshiing and her lawyer Syngkon have maintained that the petition filed in the High Court is a criminal case whereas the one pending in the Supreme Court is of civil nature.
“Hence we have decided to move to a larger Bench of the High Court,” Kharshiing said.
