Excelsior Correspondent
JAMMU, July 15: In a case relating to unauthorized payment of rent for the building occupied by the security forces, Additional Special Judge Anticorruption Baramulla Jatinder Singh has directed the Director State Vigilance Organization to seek permission from Government of India for launching prosecution against senior IAS officer B R Sharma.
The FIR No.43/2000 dated September 28, 2000 was registered at Police Station Vigilance Organization Kashmir on the ground that unauthorized payment of an amount of Rs 43.18 lakh was made to Ghulam Mohammad Khan (now deceased) by the accused persons including I S Malhi, the then ACS (Home) and senior IAS officer Brij Raj Sharma, the then Deputy Commissioner Kupwara by abusing their official position.
It has been alleged that the payment was made without making proper calculation of the rent dues and a huge pecuniary advantage was conferred upon Gh Mohammad Khan with corresponding loss to the State exchequer. After the investigation in the case, the charge sheet against the accused persons was presented in the court.
After going through the charge-sheet, Additional Sessions Judge Anticorruption Baramulla Jatinder Singh observed, “taking into account the legal position, as laid down by the Supreme Court, and the situation obtained in the present case where despite of further investigation having been ordered with specific reference to the aspects of the controversy which required to be investigated, the investigating authority has not bothered to conduct a fair and truthful investigation”.
“In the present case this court is confronted with such exceptional circumstances and situation where the only course which remains available with it is to invoke its power under Section 351 of the J&K Code of Criminal Procedure and proceed against those individuals against whom sufficient material is available on the record of the case submitted by the prosecution along with its charge-sheet”, Additional Sessions Judge said.
“At this stage, it is in place to notice that even in the order dated April 16, 2012, the court had observed that there was sufficient material available on the record to proceed against certain individuals/ officials but had expressed its inability to do so in view of the fact that particulars of all the officers/officials, against whom the court intended to proceed, were not available and also in view of the fact that prior sanction from the authority for launching prosecution against them was a mandatory requirement of law”, Additional Sessions Judge further said.
“It is now admitted position of the parties that one of the two officers namely I S Malhi has retired from service and therefore no prior sanction for launching prosecution proceedings against him is required either under Section 6 of the J&K Prevention of Corruption Act or under Section 197 of the J&K Code of Criminal Procedure”, the court said.
“In so far as Brij Raj Sharma, the then Deputy Commissioner Kupwara is concerned, directive is issued to the Director Vigilance Organization to approach the competent authority and seek permission for launching prosecution against him”, the court while directing the Director Vigilance to submit a report regarding the steps taken by him in this regard on the next date of hearing.
“If any record is required by him for this purpose from this court he would be at liberty to approach this court for the same”, Additional Sessions Judge said and directed Director Vigilance Organization to personally look into another crucial aspect of the controversy regarding the property left behind by the deceased accused as it has been reported in the charge-sheets that no property whatsoever is available in the name of the deceased accused and, therefore, nothing can be done to recover the amount which he had gained wrongfully as a result of the transactions constituting the subject matter of the present case.
“While deferring the question of framing of charge against the three accused persons named in the charge-sheet, process for commission of offences made punishable under Section 5 (2) of Prevention of Corruption Act read with Section 5 (1) (d) of the Act and offences made punishable under Section 420 and 201 of RPC read with Section 120-B of the Code is issued to I S Malhi for August 30, 2017”, the court said.
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