Excelsior Sports Correspondent
SRINAGAR, June 9: Observing that investigation has been carried out in slip shod manner without looking into vital aspect of the case, Special Judge Anti-Corruption Srinagar R N Watal has directed the Anti-Corruption Bureau to reinvestigate the FIR against the then Secretary of J&K Sports Council Sheikh Fazal Ahmad.
The FIR No.03/2003 under Section 5(2) Prevention of Corruption Act read with Section 120-B RPC was registered pursuant to outcome of preliminary enquiry which revealed that Sheikh Fazal Ahmad, the then Secretary J&K Sports Council abused his official position in active connivance with Yousuf Bashir Bandey and issued certificate of possessing outstanding proficiency in sports (football) which facilitated the beneficiary in getting admission in MBBS in the year 2002.
After registration of FIR investigation commenced and it came to the fore that Yousuf Bashir Bandey actually participated in two National Games (football) held at Darbangha and Srinagar in 1996 and 1999 respectively and on the basis of which a certificate of outstanding proficiency was issued in his favour.
Accordingly, final report was filed in the case.
However, after perusing the final report and statement of Investigating Officer Mohd Ashraf Shah, DySP Vigilance, the Special Judge Anti-Corruption observed, “participation in the National Games and a player possessing outstanding proficiency are two different connotations”, adding “a player participating in any National Game like football, volleyball, tennis etc may not be a player possessing outstanding proficiency in the concerned game”.
The court further said, “an outstanding proficient player is indeed a participant but a participant is not necessary a proficient player. Moreover, what was the criteria to choose only the beneficiary Yousuf out of the other participants and label him a player possessing outstanding proficiency doesn’t transpire from the final report”.
Observing that the investigation has been conducted in slip shod manner without looking into this aspect of the case, the court said, “the investigation to elucidate this aspect of the case has been left out by the Investigating Officer”.
Accordingly, the court returned the report to the SSP Vigilance with a direction to reinvestigate the matter himself or through any officer not below the rank of DySP.
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