Major setback to disposal of corruption cases
Mohinder Verma
JAMMU, Apr 19: In a major setback to the disposal of large number of corruption cases pending in various courts across the State, the Home Department has categorically stated that Police Department will not be in a position to spare Senior Prosecuting Officers or Prosecuting Officers for posting in the State Vigilance Commission and the newly designated anti-corruption courts on the ground that Police was already facing acute shortage of such officers.
However, process has been initiated to provide senior police officers to the State Accountability Commission with Law Department in consultation with the Home Department submitting a panel of six officers including two IGPs and one DIG to the Commission for its investigation wing. This is for the first time ever since the constitution of Accountability Commission way back in 2002 that such an exercise has been set in motion.
“Prosecution cadre of Jammu and Kashmir Police (Gazetted) Service comprises one post of Director, 3 posts of Joint Directors, 11 posts of Deputy Directors, 60 posts of Chief Prosecuting Officers, 89 posts of Senior Prosecuting Officers and 111 posts of Prosecuting Officers (Non-Gazetted Officers) and there is no provision of reserves in the prosecution cadre in the Police Department”, Principal Secretary, Home Department, Suresh Kumar said in a status report submitted to the High Court, the copy of which is available with EXCELSIOR.
The status report has been filed in the ongoing Public Interest Litigation titled Sheikh Mohd Shafi Versus Union of India and Others, which will come up for hearing before the High Court on April 21, 2014.
Quoting Jammu and Kashmir Police (Gazetted) Recruitment Rules, the Principal Secretary Home said, “the posts of Chief Prosecuting Officers and Senior Prosecuting Officers are promotion posts in the Prosecution Cadre as also the posts of Director, Joint Director and Deputy Director”.
“The Vigilance Organization has a sanctioned strengthen of 28 officers including one post each of Director Prosecution, Joint Director Prosecution, 2 posts of Deputy Director Prosecution, 4 posts of Chief Prosecuting Officers, 11 posts of Senior Prosecuting Officers and 9 posts of Prosecuting Officers. However, against the sanctioned strength, only 15 officers including one Director, 2 Deputy Directors, 3 Chief Prosecuting Officers, 8 Senior Prosecuting Officers and one Prosecuting Officer are in position”, the Home Secretary said.
Stating that as per the rules of the Vigilance Organization, these posts are to be filed up by transfer from the Police Department on the recommendations of the Selection Committee headed by the Chief Secretary, the Home Secretary said, “a panel for posting of Joint Director in the Vigilance Organization has been finalized by the Selection Committee in its meeting held on March 25, 2014”.
Regarding position of Senior Prosecuting Officers to the newly created courts, the Principal Secretary Home said that the matter was taken up with the Police Headquarters, which has conveyed that it was facing acute shortage of Prosecutors at the level of Senior Prosecuting Officers and Prosecuting Officers. As per the Police Headquarters, there are 15 vacant posts of Senior Prosecuting Officers and 111 vacant posts of Prosecuting Officers, which includes 3 Senior Prosecuting Officers and eight Prosecuting Officers in the Vigilance Organization, he added.
“Police Department has advertized 98 posts of Prosecuting Officers for recruitment and the first part of the selection process (physical measurement tests) has already been concluded”, he said while categorically stating that Police Department will not be in a position to spare Senior Prosecuting Officers or Prosecuting Officers for posting to State Vigilance Commission and newly created courts unless the recruitment process is completed”. He, however, has not specified the timeframe within which the selection process would be completed.
About the establishment of investigating agency in the State Accountability Commission, the Principal Secretary Home said, “there is no provision for establishment of such an agency in the Commission as such no officer/official from the Police Department could be deputed to the Commission so far”, adding “no posts for investigating agency such as DIG, SP etc have been created in the Accountability Commission”.
While expressing ignorance about the communication and reminders from the Department of Law, Justice and Parliamentary Affairs vis-à-vis investigating agency, Principal Secretary Home said, “the communication dated September 21, 2011 followed by reminders referred to in the High Court orders are not traceable from the records and it is due to this reason that these communications could not be processed so far”.
He, however, said that following receipt of court order dated April 4, 2014, the Home Department procured copies of all the previous communications and reminders from the Law Department and accordingly the same were processed and on April 16, the Home Department recommended a panel of 2 IGPs, one DIG and 3 SPs to the Department of Law, Justice and Parliamentary Affairs for selection and utilization of their services for conducting preliminary inquiries or an investigation as provided in the Accountability Commission Act.
“Home Department will provide suitable officers as may be requisitioned by the Department of Law, Justice and Parliamentary Affairs for deputation to the Accountability Commission”, he added.
The officers whose names have been recommended to the Accountability Commission for investigation wing include IPS officers Sham Lal Sharma and Mubarak Ahmad Ganai, who are awaiting orders of adjustment after their promotion as IGP, Bashir Ahmad Yatoo, DIG Homeguards Kashmir, SPs Mohammad Yaqoob (presently DyCO IR 3rd), Ravi Kumar Gupta (presently DyCO IR 1st Battalion) and Gulzar Ahmad (presently DyCO IR 12th Battalion).
About the recruitment rules for the employees of the Accountability Commission, Secretary, Department of Law, Justice and Parliamentary Affairs, Gh Ahmad Mir, in his status report, said, “the recruitment rules have been finalized by the Standing Committee of ARI and Trainings Department and as and when the minutes of meeting are issued by the ARI and Trainings Department the matter will be placed before the Chief Minister in coordination for approval”.
Following the approval of the Chief Minister, the recruitment rules will be notified by the department without any delay, he added.
It is pertinent to mention here that the Division Bench of High Court comprising Chief Justice, M M Kumar and Justice Muzaffar Hussain Attar, had on April 4, directed the Home and Law Secretaries to appear in person for denial of investigating agency to the Accountability Commission and delay in framing of recruitment rules.
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