Jammu, June 10: In Constitution of India, Double Jeopardy is incorporated under Article 20(2) and it is one of fundamental right of the Indian Constitution. And the features of fundamental rights have been borrowed from U.S. Constitution and the concept of Double Jeopardy is also one of them. Principle of Double Jeopardy is incorporated into the U.S. Constitution in the Fifth Amendment, which says that “no person shall be twice put in Jeopardy of life or limb.”
Article 20 of the Indian Constitution provides protection in respect of conviction for offences, and article 20(2) contains the rule against double jeopardy which says that “no person shall be prosecuted or punished for the same offence more than once.” The protection under clause (2) of href="http://www.legalserviceindia.com/articles/articles.html" target="_blank" title="law Articles">Article 20 of Constitution of India is narrower than the American and British laws against Double Jeopardy.
But J&K Law Minister had different views than Supreme Court Of India, which are proved from one case of innocent, who was compulsorily retired under Art 226(2) & two FIR’s were taken into consideration in his case in SWP/LPA/SLP bearing No's. 49/91 & 63/94.
Thereafter, his cases were dismissed by Singly & DB in JK High Court by taking in account both FIR’s. Supreme Court quashed the illegal order of Compulsorily Retirement & did not uphold the judgments of both the courts.
Pertinent to mention here that, after a gap of 18 to 22 years the big bosses of the state, censured the officer in FIR No 49/91, which caused delay in promotion of the officer. The then Law Minister as RD&PR Minister even in his note commented that as the officer has been censured, so he cannot be assigned the charge of higher post, speaks of his efficiency & competence. It speaks clear cut case of Double jeopardy.
Pertinent to mention here that in above said FIR's despite departmental actions reccomended by Vigilance were pending against some officers but promoted without any actions. Even one was inducted into super time KAS & retired as ADC speaks about the pick & choose promotions by the intelligent big bosses of the sate speaks of open vested considerations.
If some authority in the state for DA in both the FIR's in vigilance records shall speak the facts & detect a scam of corruption in the state & harassment to one officer of RDD only....?
Shall any competent authority look into the violation of Supreme Court orders by Minister/Secretary/ Director, RD&PR?
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