Excelsior Correspondent
SRINAGAR, Dec 20: The High Court has upheld the trial in a case of misappropriation of Government funds by the employees in the Health Department.
The FIR bearing No.40/2000 for offences under J&K Prevention of Corruption Act came to be registered with P/S VOK wherein it was alleged that during the posting as Block Medical Officers, Beerwa, Dr. Sheikh Samad, Dr. Muneer Ahmad, Dr. Fayaz Ahmad Banday, Dr. Mohammad Ismail and Dr. Reyaz Ahmad in connivance with Ghulam Rasool Joo, the Cashier, Ghulam Mohammad Mattoo, Clerk of BMO Office, Beerwa, Abdul Ahad Ahangar and Mushtaq Ahmad Shah, the then Treasury Officers, Abdul Gani Sofi and Abdul Ahad Tantray of the Treasury, are stated to have misappropriated an amount of Rs.37.49 lakhs.
Upon investigation, the allegations were found substantiated and, accordingly, the FIR was registered and investigation of the case was set into motion. After investigation of the case, the chargesheet came to be filed. It was found that offences are, prima facie, established against these accused persons.
The challenge of FIR and criminal proceedings before the competent court of law were challenged on the ground of delay in progress of trial, which, according to the counsel for the accused, has resulted in violation of right to speedy trial of the case.
Justice Sanjay Dhar however turned down the contention as raised by the counsel and said a perusal of the minutes of the proceedings of the trial court reveals that the delay in the progress of the trial is not attributable to the court or to the prosecution.
The delay, court added, has occurred for reasons beyond the control of the trial court and beyond the control of the prosecution. Thus, it cannot be stated that the right to speedy trial of the petitioner has been impeded by any of the actions of the trial court or the prosecution. “The petition is found to be devoid of merit and is dismissed accordingly”, the court said.
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