Excelsior Correspondent
JAMMU, Mar 4: In a landmark judgment, Division Bench of State High Court comprising Chief Justice, M M Kumar and Justice Mansoor Ahmad Mir today directed the State to relieve Deputy Commissioner Srinagar, Baseer Ahmad Khan, who is involved in the much publicized Gulmarg land scam, from his present posting on or before March 6, 2013 and post any suitable officer at his place.
After hearing Advocate Sheikh Shakeel Ahmed appearing for the petitioner Sheikh Mohd Shafi, Senior Additional Advocate General Gagan Basotra and Assistant Solicitor General of India (ASGI), K K Pangotra, Division Bench observed, “an application received in the office of Chief Justice written by unknown person pertains to Deputy Commissioner, Srinagar Baseer Ahmad Khan wherein some serious allegations have been leveled against him”.
“It has remained undisputed that he is one of the accused in FIR No 08/2009 registered at Police Station, Vigilance Organization Kashmir involving allegations of corruption. The case is popularly known as Gulmarg land scam. The challans have been presented in respect of other accused but in respect of Baseer Ahmad Khan, it has been argued that a nod is awaited from the Government of India for presentation of challan”.
“The application was received by this Court in December, 2012. In that regard first order was passed on January 31, 2013 giving notice of the application which was duly accepted by the Senior Additional Advocate General. We had apprised the State counsel that if an officer is facing such serious charges then his posting at Srinagar was required to be reconsidered”, the DB said.
The order of the DB dated January 31, 2013 states: “The allegations in the application are against Baseer Ahmad Khan, who is posted as Deputy Commissioner, Srinagar. According to S S Ahmed, counsel for the petitioner, chargesheet has already been laid down before the Court of Special Judge Anti-Corruption, Srinagar and a communication to the Central Government has also been sent for securing sanction. The facts have been brought to the notice of Advocate General for necessary action”.
Thereafter the matter was posted for hearing on February 4, 2013, when on the request made by the State counsel, hearing was deferred to February 11, 2013. However, on this date State counsel requested for two weeks more time by citing the reason that situation in Kashmir valley was not conducive for reconsidering the posting of the officer as Deputy Commissioner, Srinagar. Accordingly, the DB issued directions for listing matter on March 4, 2013.
“Today, the Senior AAG without any basis and lawful excuse has once again requested for another adjournment. However, we find that there is no justification for granting any further adjournment”, the DB said.
“Keeping in view the facts and circumstances of the case, we are of the considered opinion that a person who has been facing serious charges of corruption could not be permitted to remain posted in the capital city. At capital city a person with clean image should have been posted”, the DB observed and directed that Baseer Ahmad Khan, Deputy Commissioner, Srinagar should be relieved from his present posting on or before March 6, 2013 and any other suitable officer be posted at his place.
“The State shall be free to give posting to Baseer Ahmad Khan, Deputy Commissioner, Srinagar befitting his present status”, the DB said while disposing of the application.
According to the legal luminaries, this is for the first time that such a landmark judgment was passed in the history of J&K judiciary and this decision would have far reaching consequences. This should also serve as eye opener for the State in the cases of similar nature.
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