Excelsior Correspondent
SRINAGAR, Jan 28: Special Judge CBI Srinagar, Jatinder Singh Jamwal grants bail to Basharat Ahmad Dhar, the then Divisional Commissioner, in Roshni Scam.
According to CBI in compliance to the J&K High Court order, vide FIR 26/2015 dated 22.04.2015 of P/S VOK (now ACB), a preliminary verification was conducted by Vigilance Organization into the allegation of irregularities committed in the transfer of State land in district Srinagar under Roshni Scheme. It revealed that officers/officials of Revenue Department have abused their official positions to confer undue pecuniary benefit upon the occupants of State.
Land by arbitrarily fixing the price of state land lower than the prevailing market rate of the area, incorrect categorization of occupants, conferment of ownership rights to non-entitled persons etc.
The verification revealed that in the year 2007, ownership rights of state land measuring 07 Kanals 07 Marlas under Khasra No.216, 217 and 218 in Estate Nursingh Garh site at Shaheed Gunj have been vested in favour of one Sajad Parvez son of Talib Hussain, resident of Baghat-e-Barzulla, Srinagar under commercial category @ Rs.45.00 lacs per kanal by an empowered committee in its meeting held on 28.04.2007.
It has been found that Sajad Parvez was not the occupant at all to which the ownership rights could have been conferred. He was only an authorised agent of the lessee Ashok Sharma and- Bipan Sharma by virtue of “Special Power of Attorney”. Despite having knowledge that Sajad Parvez was not the occupant but only an authorized agent of the occupant, the above-mentioned empowered committee conferred ownership rights to a non-entitled person.
The verification further revealed that the Empowered Committee has fixed a rate of Rs. 65.00 lacs per kanals in the case of Ab. Majid Ahanger and others and in the case of M.L. Dhar and others in the same location; one opposite and another adjacent to the above mentioned plot of land. As such, the patch of land measuring 07 kanals 07 marlas could have fetched Rs. 2,14,98,750 to the State Exchequer under commercial category @ Rs. 65.00 lacs per kanals instead of Rs. 1,17,28,125 paid by the accused beneficiary. Thus officers/officials of Revenue Department in league with the beneficiary Sajad Parvez have caused a minimum loss of Rs. 97,70,625 (Rs. 2,14,98,750 -Rs. 1,17,28,125) to the State exchequer.
The aforementioned commissions/omissions on the part of officers/officials of Revenue Department in the conferment of ownership rights of State land to the non-entitled beneficiary namely Sajad Parvez constitute the offence of criminal misconduct u/s 5(1) (c), 5(l)(d) r/w section 5(2) J&K P.C. Act and section 120-B RPC.
Special Judge CBI Srinagar Jatinder Singh Jamwal after hearing both the sides observed that the proceedings of the criminal case, registered vide FIR RC 4(A)/2020 of Police Station: CBI, ACB, Srinagar for commission of offence made punishable under Section 420 of RPC read with Section 120B of the Code as also for offence under Section 5(2) of the J&K Prevention of Corruption Act, Svt, 2006 read with Section 5(1)(d) of the Act, which is sub-judice against him and others, the applicant, namely Basharat Ahmad Dhar-the accused No. 1, commenced the present application, on virtual mode on 1901
2022, with the prayer for grant of bail interalia on the grounds of innocence and false implication. It is further submitted that the investigation of the case stands completed and, therefore, his presence is not required by the Investigating aAuthority for any purpose.
Court after hearing both the sides observed that although, the offences for the purported commission of which accused applicant stands chargsheeted are non-bailable yet the same are not punishable either with death sentence or imprisonment for life and, therefore, the embargo laid in Section 497 of J&K Cr.P.C., is not attracted in the present case. Taking that into account that the investigation of the case stands completed and the chargesheet against the accused persons is already instituted as also the facts and circumstances of the case, the applicantaccused is admitted to bail subject to the conditions that he furnishes personal bond in the sum of Rs. 50,000 and one surety of an equal amount to the satisfaction of this Court.
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