‘Reasons for pendency are flimsy, no accountability’
GAD Secy asked to furnish info or appear in person
Excelsior Correspondent
JAMMU, Oct 22: Division Bench of High Court comprising Justice Rajesh Bindal and Justice Sanjay Dhar today passed strictures against the Jammu and Kashmir Anti Corruption Bureau (ACB) for sitting over the corruption cases and directed the General Administration Department to file the information sought vide earlier orders failing which its Secretary shall appear in person on next date of hearing.
While dealing with the Public Interest Litigation (PIL) regarding the corruption cases, the DB observed, “the manner in which FIRs with serious offences are being taken up does not inspire confidence”, adding “in case the Anti-Corruption Bureau is facing difficulty on account of incompetence to investigate these FIRs, the court be apprised of the same so that alternative means can be explored to ensure that these cases are brought to the logical end at the earliest and not buried under the carpet”.
Vide previous orders the Division Bench had directed General Administration Department to furnish information about the departmental action taken against the Government employees involved in corruption matters and the status thereof.
Vide order dated 21.07.2020, certain information was asked from the respondents as it came to the notice of this court that there are number of FIRs registered for serious offences including under the Prevention of Corruption Act, where investigation had not been concluded and challans presented in courts for more than a decade. Additionally, information was also asked from the General Administration Department regarding the present status of the employees involved in the criminal cases and also the benefits they may have been drawing.
In response, status report was filed on 21.08.2020 but the same was not exhaustive. More time was sought by the respondents to file a fresh status report. Subsequent thereto, the status report dated 01.09.2020 has been filed. “The information as is forthcoming in the aforesaid report is astonishing”, the DB remarked.
“From the year 1998 to 2018, there were total 295 cases registered with the Anti-Corruption Bureau and out of these, 31 cases are pending wherein either investigation could not be concluded or the challans could not be presented on account of the interim orders passed by this court”, the DB said.
“In 35 cases, the matter has been sent to the competent authority for sanction of prosecution for presentation of challan but the same is lingering on for years together, apparently, in some connivance”, the DB said, adding “in 18 cases, final report has been submitted to the central office of the Anti-Corruption Bureau but they are sitting tight over the matters”. Similarly, in 14 cases, directions have been issued for further reinvestigation but the same are pending and in about 2/3rd of the total cases— 192 out of 295, the investigation is still in progress.
“Coming to more details if seen with reference to cases pending in Jammu region, there are FIRs of the years 2009, 2012, 2013, 2015 and 2016, where the matters were referred to the competent authority for sanction of prosecution, but no final decision”, the DB said, adding “investigation in FIR No. 1/2008 has been completed now and it is claimed that the closure report is under preparation and will be produced in the court shortly”.
The DB observed, “one can easily imagine what kind of investigation is possible in a case, which remained under investigation for more than a decade”, adding “in number of cases registered way back in the years 2012-13, the Presiding Officer of Anti-Corruption Bureau Court had issued directions for further investigation, more than three years back but still the investigating agency is sitting tight over the matter”.
The DB further observed that in FIRs registered way back in the year 2008 under the Prevention of Corruption Act pertaining to the Industries Department, the current status of the investigation is mentioned as ‘posting details of the accused are being ascertained and some record is being obtained’. “This shows in last 12 years even this information from the relevant record could not be procured by the investigating agency. It shows either unwillingness or incompetence and connivance of the persons at the helm of the affairs, also cannot be ruled out”, the DB added.
“There is another FIR of 2009 against the then Vice Chancellor, Sher-e-Kashmir University of Agricultural Sciences and Technology, Jammu and other senior officers. After more than a decade, the status is that the case has been concluded and final report is under preparation. There cannot be any possible explanation for keeping the investigation pending for more than a decade. The benefit of that always goes to the accused”, the DB said, adding “anyone can imagine the result of a trial, investigation of which takes decades. This may be the apparent object. This only shows that there is no responsibility or accountability of any officer”.
One FIR is registered in the year 2011 against the former Minister of R&B, Managing Director of J&K Project Construction Corporation, the then Chief Engineer R&B Srinagar and Jammu, General Manager JKPCC, Jammu, Senior IAS/KAS Officers, CEO J&K CDA, Director Planning Department and other officers. The status is that the matter was submitted to the Central Office after conclusion of investigation in July, 2018 and was sent back in October, 2018 with certain observations but thereafter the matter has been put under the carpet apparently for the reason that high officials are involved, the DB noted, adding “such a system will certainly shatter faith of the public in the investigating agency”.
“Similar are the remarks pertaining to other FIRs registered against the functionaries in the Government, which include the then Vice Chairman, Jammu Development Authority, Joint Commissioner, Jammu Municipal Corporation, Managing Direction of the State Financial Corporation, Executive Director, State Social Welfare Board, Executing Engineers, and other officers in the Revenue Department. In many of the cases, with the passage of time, the accused have retired. May be investigations were kept pending to wait for that eventuality”, the DB said while expressing serious concern.
“There are number of cases in which FIRs have been lodged way back in the year 2009, 2012 and 2013 but the unfortunate state of affairs would be evident from the fact that sanction for prosecution has been sought in the years 2017, 2018 and 2020, respectively”, the DB further pointed out.
As far as Kashmir province is concerned, there are cases pending for sanction of prosecution for more than two years. “Apparent reason of sleeping over these matters is connivance with the accused. As a result, the conduct of these officers also need to be examined for abetting the crime and not letting the investigation reach the logical end”, the DB said.
“The oldest FIRs pending for investigation pertains to the year 1998. The excuse given is that the relevant information is not being furnished by the offices concerned, as if the investigating agency is helpless against the accused or the persons who are conniving and siding with the accused”, the DB further said, adding “in many of the cases, the court had to send back these cases to the investigating agency for further investigation”.
It was only because of the shoddy work done with an idea to shield the accused and not bring the criminal to book. “The reasons assigned for pendency of the investigation in the FIRs are flimsy, which no prudent person can accept especially from an agency which has been given the work of investigating serious crimes under the Prevention of Corruption Act”, the DB said, adding “this is one of the reason that the corruption is rampant, as everyone knows that even if a case is registered, the same will not be taken to its logical conclusion for decades”.
The DB further pointed out that in some cases investigation is pending for the reason that information from the bank is not forthcoming. In one FIR registered in the year 2013 against the senior officers of Public Health Engineering Department pertaining to allegations of 21 non-existing works, the scope was expanded to include 236 works but the investigation is still pending. “Crores of public money must have been withdrawn from the treasury without authorization”, the DB said, adding “in one case pertaining to the Engineering Department where FIR is pending consideration from 2013 onwards, the reason assigned is non-cooperation of the concerned department. Apparently, they are all co-sharers in the loot. Hence, any cooperation in investigation cannot be to their benefit”.
“The investigating agency has apparently surrendered before these unscrupulous corrupt persons in the system, who have either been directly arrayed as an accused in the FIR or conniving in not letting the investigation completed”, the DB remarked, adding “there are FIRs registered for irregularities and illegalities committed in transfer of land under the Roshni Scheme but investigation has still not concluded. The files apparently move from one office to another and then to the Central Office with different queries like of shuttle cock. Everyone knows that shuttle cock has a life and thereafter it is dead and not worth use”.
The DB further observed that information sought from the General Administration Department has not been furnished till date, though it is said to be the custodian of entire record. “It may be uncomfortable to furnish information as many of the officers involved in the cases under PC Act may be enjoying plum postings even now and may have been granted all service benefits including promotions during the pendency of investigation”, the DB said, adding “this is also a fact that in many cases the employees remain under suspension for decades with no charge sheet issued and suspension allowance being paid to them. They are finally reinstated because of delays in the processes and are paid all dues without working”.
“There are other criminal cases also registered for heinous crimes, including under NDPS Act, investigation in which is pending for years. Regarding quality of investigation also this court had made observations in number of cases. For that also answer is required from the investigating agencies concerned”, the DB said, adding “a copy of this order be placed before the Chief Justice with reference to the details of the cases pending before the Srinagar and Jammu Wings of this court in which either investigation or presentation of the challan has been stayed so that the matter could be taken up on priority and disposed of”.
Follow our WhatsApp channel
