1. A complaint was received from one Sh V.K. Gupta, S/o Sh Manga Ram Gupta, R/o 17/3, Trikuta Nagar, Jammu by the Dy.Inspector General of Police, Crimes & Railways, Jammu. The complaint was with regard to supply of sub standard timber by the Forest Department. On receipt of the complaint, a preliminary enquiry was initiated and entrusted to the Central Investigation Team Hqrs, C&R, J&K, Jammu. A prima facie case was found during the preliminary investigation and on this, an FIR No.24/2005 came to be registered in Police Station Crime Branch, Jammu, under Sections 420, 467, 468, 471 and 120-B RPC, and the investigation was initiated.

2. Being not satisfied with the investigation conducted by the Crime Branch, Jammu, the present petitioner who is a Journalist by profession filed this petition in public interest being a matter of public importance with the following substantive prayers:-

"(i) that the Honble court be pleased to monitor the investigation of FIR No. 24/2005 registered by Crime Branch Jammu U/S 420, 467, 468, 471, 120-B RPC in view of the peculiar facts and circumstances and also the public interest involved in the matter; &

(ii) Commanding the respondents 8 to 10 to fairly and properly conduct and complete and investigation expeditiously against every person involved in the multi crore timber supply scam irrespective of position and status of that person.

(iii) Commanding the respondents 8 to 10 to get the 14 Bogies containing 5000 sleepers checked/examined by Independent Expert so as to ensure fairness in the investigation. Or

In the alternative the investigation be assigned/transferred to the premier investigating Agency (Central Bureau of Investigation) so that the investigation is being conducted fairly and without any local pressure..."

3. When this petition came up for hearing on 4th of Aug05, following order came to be passed:-

"Way back in 1997, their Lordships of the Supreme Court in T.N. Godavarman Thrumulkpad v. Union of India (1997)2 SCC 267, in regard to the State of Jammu and Kashmir have given certain directions with regard to the trees and timber. One of the directions was that the movement of the trees/timber sawn or otherwise from the State shall, for the present, stand suspended, except for the use of DGS & D Railways and Defence. Any such movement for such use was to be effected after due certification, consignment-wise made by the Managing Director of the State Corporation which was to include certification that the timber has come from State Forest Corporation sources (emphasis supplied). The Supreme Court further directed that any such movement of the timber from the State shall be undertaken by the State Forest Corporation itself, Jammu and Kashmir Forest Department or the receiving agency. A complaint came to be filed on 20.06.2005 against officers/officials of the J&K Forest Department and others regarding supply of sub standard timber to DGS & D. On receipt of the complaint preliminary enquiry was initiated and entrusted to the Central Investigation Team Hqrs. C&R, J&K, Jammu. On preliminary investigation the Investigating Team on prima facie finding substance in the complaint recommended for registration of a formal FIR and accordingly, on the approval from IGP C&R, J&K vide their letter No. Hq/Cr/Clt-J/35/2005 dated 02.07.2005, case FIR No. 24/2005 under Sections 420, 467, 468, 471, 120-B RPC was registered in Police Station Crime Branch, Jammu. During the course of investigation, Railway authorities were requested for making necessary arrangements to move back the timber loaded wagons from Railway Station Samba to Railway Station Bari Brahmana/Jammu, so that the stocks could be verified in regard to quality and quantity at the destination in presence of the consignees and also Joint inspection by the Quality Control Committee comprising of representatives of the Forest Department, Consignee and Control of Quality Assurance Govt. of India.

It appears that in order to stall i