Bailable warrants against Vakil

Excelsior Correspondent
JAMMU, Sept 20: In a complaint filed by State Government, Principal Sessions Judge Jammu, Jang Bhadur Singh Jamwal, today issued bail-able warrant to the tune of Rs 10,000 for securing the presence of former Minister, Abdul Gani Vakil.
The Government yesterday filed complaint against former Minister Abdul Gani Vakil through Public Prosecutor, Ch Mohd Shabir, for allegedly leveling allegations against the Minister for PHE, Irrigation and Flood Control, Taj Mohi-ud-Din.
After taking the cognizance of the complaint, Principal Sessions Judge said, “Section 200 (b) CrPC provides that there is no need of examining the complainant or his witnesses in support of the complaint, if the complaint is made by the Court or Public Servant at the time of taking cognizance”.
“Careful scanning of the complaint and the material produced and annexed with the complaint, prima facie the Court is satisfied that there is sufficient ground and sufficient material to proceed against the accused”, Principal Sessions Judge said, adding “prima-facie offence under Section 500 RPC is made out against the accused and according to the IV Column of the II Schedule of CrPC, a warrant is required to be issued for the attendance of the accused”.
Accordingly, the Court issued bail-able warrant to the tune of Rs 10,000 against the accused for seeking his appearance in the court. “In case, the accused is ready to furnish the bail bond and personal bond of the like sum, he shall not be arrested”, the Court said and directed that the warrant be sent to the SHO Gandhi Nagar Police Station for service.
In the complaint, it has been mentioned that Taj Mohi-ud-Din is a man of integrity with impeccable character and is a hardworking, dedicated and sincere Legislator from Uri Assembly Constituency. All the defamatory allegations and imputations made against the Minister by the accused were only aimed at lowering his image amongst his Cabinet Colleagues, party functionaries to which he belongs to and in the estimation of the general public of the State.
“On January 22, 2012, while addressing a public meeting at Samba, the accused leveled false, malicious and defamatory allegations of corruption against Taj in the presence of public and press reporters”, the complaint said, adding “all these wild allegations were made by the accused knowingly and intentionally to defame and lower his reputation”.
“On January 23, 2012, the accused issued a press statement, which was carried by different newspapers, wherein, the accused intentionally and with bad intention, leveled wild, frivolous, malicious and concocted allegations of illegal appointments in PHE Department and abandonment of mega projects including development of Tawi front and barrage on Tawi”, the complaint said.
After going through the news items, Taj Mohi-ud-Din vide his DO Letter No. PS/HM/PHE/I&FC/12/26 dated January 24, 2012 asked the accused to provide details of fraudulent schemes and large-scale illegal appointments in PHE Department as alleged by him in order to substantiate his claim failing which Taj Mohi-ud-Din will be forced to sue the accused for defamation and character assassination.
In response to Taj’s letter, the accused vide his DO No. 286/JKPCC dated January 27, 2012 gave a detailed reply wherein the accused instead of mending his attitude, again leveled serious, false and frivolous accusations of alleged bungling, financial mismanagement, brazen loot of public money in the PHE/I&FC Departments and also made allegations of corruption against Taj Mohi-ud-Din and his family members.
The accused has cited as many as thirteen clippings of different newspapers in the reply in order to substantiate his false, frivolous and concocted allegations. In order to further malign and to lower the reputation of Taj Mohi-ud-Din, the accused instead of waiting for response of letter from Mr Taj, circulated the letter dated January 27, 2012 to the press with bad intention and ulterior motives just to gain the political mileage.
Vide DO letter dated January 29, 2012, Taj Mohi-ud-Din, in reply to letter of accused dated January 27, 2012, informed the accused that his allegations and reference of different news items appearing in different newspapers were looked into and were found to be baseless and frivolous. The other allegations leveled against Taj Mohi-ud-Din were rebutted and the accused was advised not to indulge in such practices.
Though Taj Mohi-ud-Din responded to the statements carried by different newspapers and communications of the accused, the accused by his malicious and evil design did not restrain himself and issued another press statement which was carried by different newspapers. The accused reiterated false allegations of bungling and scams in the PHE, Irrigation and Flood Control Department lead by Mr Taj.
When the accused crossed all limits of decency, Taj Mohi-ud-Din informed the Chief Minister about the baseless, frivolous, malicious and biased allegations leveled against him by the accused. He also requested the Chief Minister to accord prosecution sanction against accused under Section 198-A CrPC.
Since a request for prosecution of accused was made by Taj Mohi-ud-Din to the Chief Minister, the Minister submitted all necessary documents to Secretary, Department of Law, Justice & Parliamentary Affairs on March 9, 2012, through Commissioner-Secretary, PHE/I&FC Department.
Vide letter dated April 10, 2012, the Special Secretary, Law, Justice and Parliamentary Affairs Department asked Commissioner-Secretary, PHE/I&FC Department to provide the requisite information as sought by Chief Secretary so that the same is processed for further necessary action. In response to the letter of Law Secretary dated April 10, 2012, the Commissioner-Secretary, PHE/I&FC Department vide his communication dated April 25, 2012 furnished requisite information to the Law Department for necessary action to their end.
The allegations leveled by accused and the relevant record submitted by the PHE/I&FC Department were scrutinized/examined by the Department of Law, and were found baseless, unreasonable, without any substance and were pertaining to the period prior to 2009. Vide SRO 231, the Law Secretary was authorized to accord further sanction for prosecution of accused under relevant provisions of CrPC.
The Law Secretary vide notification dated July 19, 2012, issued SRO No. 232 authorizing Ch Mohd Shabir, Public Prosecutor to file the present complaint.

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