A division bench of the Punjab and Haryana High Court Wednesday reserved its order on the maintainability of the appeal filed by the family of murdered teenager Junaid Khan against the single bench judgment, which had dismissed their plea for CBI probe in the matter. The stay on the trial before the Faridabad court will continue in the meantime.
The Haryana government, in response to the letter patents appeal against the single bench judgment, cited the verdict by the Supreme Court in the ‘Ram Kishan Fauji Vs State of Haryana and Ors’ matter to contend that the appeal filed by Junaid’s father Jalaluddin is not maintainable before a division bench.
Senior advocate R S Cheema, who represents the family in the case, challenged the government submission and said their appeal for impartial investigation is of civil nature, and they are not seeking to prosecute anyone. “I maintain that the jurisdiction to decide the appeal lies with this court only. I am seeking enforcement of the fundamental right guaranteed under Article 21, and the appeal falls within the Article 226 of the Constitution,” Cheema argued.
The government counsel said a detailed order had been passed during the framing of charges against the accused in the case.
Fifteen-year-old Junaid, his brother and two cousins were attacked on a train in June, 2017, allegedly by a mob and communal slurs were hurled at them. The teenager was stabbed to death.
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