Illegal disbursal of compensation
Excelsior Correspondent
JAMMU, May 25: Additional Sessions Judge Doda (with the powers of Special Judge Anticorruption) Amarjeet Singh Langeh today took serious note of functioning of Anti-Corruption Bureau and issued directions for serious indulgence of supervisory officers in hierarchy of investigating agency so that investigation can proceed expeditiously to logical conclusion.
The significant order has been passed in a bail application filed by one Mehraj Ud Din Butt.
“It needs no brainer to note that an application for grant of bail on surrender in a case pertaining to offences under Prevention of Corruption Act and that of RPC can neither be allowed on mere asking nor the same can be denied in a cavalier manner without considering relevant factors including gravity of allegations and evidence collected during investigation”, court said, adding “it is in this context that certain observations are needed to be made in the application in hand so that the investigating agency not only takes note thereof but also indulges in follow-up action where after the matter can be disposed off on merit”.
“Examination of relevant record would show that Snathan Dharam Kishtwar lodged complaint against one Wali Mohd, son of Qadir Giri of Kundhali Pochhal regarding fraudulent preparation and payment of land compensation with Vigilance Organization Jammu (now ACB). Preliminary verification was conducted which reveals that Wali Mohd was not entitled to any amount of compensation and that the Revenue authorities concerned released payment in the name of individual on the recommendation made by the then Assistant Revenue Attorney to Deputy Commissioner Kishtwar”, the court said.
“The chunk of land is huge for which GREF was to pay compensation to the tune of Rs 6,85,20,162 out of which the accused Wali Mohd was to receive illegal payment of compensation to the tune of Rs 42,24,875. It is alleged that Wali Mohd received payment of Rs 14,08,750 on the basis of recommendation made by petitioner (allegedly) in capacity of Assistant Revenue Attorney to the then Deputy Commissioner”, the court said, adding “on the basis of preliminary inquiry, ultimately FIR No. 05 of 2022 was registered on 04.07.2022 and since then the investigation is going on”.
“According to the investigating officer present in the court, despite many communications addressed to Deputy Commissioner Kishtwar, concerned Revenue record from ACR , Kishtwar, is yet to be seized. It is also worth noting that the then Addl. Deputy Commissioner, District Vigilance Officer Kishtwar, brought to the notice of then Deputy Commissioner Kishtwar through written communication dated 09.12.2019, the factum of tampering with revenue record and also existence of certain fictitious entries qua nature of land in question”, the court said.
“The communication also pointed out that Wali Mohd was not entitled to any compensation and that the concerned authorities have released payment to him illegally”, the court said, adding “it is a case where verification of allegations in the complaint took more than three and half years and thereafter investigation has taken up nearly one year and yet investigating agency has not been able to procure the revenue record”.
“For an investigating agency not to register any noteworthy progress in the vital aspects of the case under investigation – is something which cannot be appreciated. Investigation and that too by an agency like ACB must not be prima facie lethargic, ostensibly lackadaisical, avoidably staggering and palably tardy”, the court said, adding “strangely enough, the attention of the investigating agency till date does not seem to have been directed at the principal accused Wali Mohd”.
Court observed, “under these circumstances which warrant serious indulgence of supervisory officers in hierarchy of investigating agency so that investigation can proceed expeditiously to logical conclusion”. Accordingly, court directed investigating agency to come up with the latest status of progress registered by next date of hearing in the case so that after considering all relevant aspects , this application can be disposed off on merits.
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