Excelsior Correspondent
JAMMU, Apr 26: Division Bench of State High Court comprising Justice Muzaffar Hussain Attar and Justice D S Thakur today disposed of an application seeking review of refusal of sanction in FIR No.37/1987 in which the competent authority declined sanction against the then Law Minister, Ghulam Hassan Mir (presently Minister for Agriculture) on the analogy of withdrawal of cases against two co-accused namely G M Thakur and A K Parray, the then Law Secretaries.
While disposing of this CMA, the Division Bench observed, “corruption in human history, has been, and is, possessed of devils power which corrodes the human values. Corruption has only dark shades. Its effect on society is lethal. It has denuded the huge population of the country from even basic source of sustenance. In order to defeat the hydra-headed monster of corruption, a strong moral will is needed”.
“Our country has parliamentary democracy, and in our constitutional scheme it is we the people who are fountainhead of power. Some persons are catapulted to important positions. In terms of our constitutional philosophy, all such persons hold their positions as trustees for the benefit of people of country. Such people are, thus, accountable for all their action”, the DB further observed, adding “the PIL has served the interests of the society at large. The competent authority in pursuance to the orders passed from time to time woke-up from deep slumber and considered the matters for grant of sanction for prosecution of offenders. These files otherwise were gathering dust on the office shelves”.
“The respondent state/competent authority has not only issued sanctions for prosecution of accused persons but has also filed report u/s 173 CrPC (charge-Sheet) before the Court of Competent jurisdiction in some cases. The counsel for the petitioners has been and is vigorously pursuing a noble cause in this PIL and we place on record our appreciations for him”, the DB further said, adding “it is also appreciative that counsel for the petitioners, in view of the mandate contained in MC Mehta’s case, has fairly conceded that the issue in respect of FIR No.37/1987 cannot be carried further in this PIL”.
“In view of the facts and circumstances of the case and the mandate contained in MC Mehta’s case, we decline to proceed further in this PIL”, the DB said, adding “the proceedings in this behalf are closed. However, the petitioners will have liberty to work out their remedy in accordance with law”.
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