Excelsior Correspondent
JAMMU, June 6: In the much publicized Public Interest Litigation (PIL) seeking prosecution sanction against the ‘corrupt’ IAS/IPS/IFS officers, Division Bench of State High Court comprising Justice Muzaffar Hussain Attar and Justice B L Bhat today took serious note of General Administration Department sleeping over the communication of Department of Personnel and Training vis-à-vis IAS officer Baseer Ahmed Khan, who was allegedly involved in the infamous Gulmarg land scam.
In this case, challan has already been produced against all other accused persons including the then Divisional Commissioner Kashmir, Mehboob Iqbal. However, challan against Baseer Ahmed Khan, who is presently posted as Director Panchayats in the Department of Rural Development and Panchayati Raj, could not be produced till date in the absence of prosecution sanction from the Department of Personnel and Training of the Union Government.
When the PIL came up for hearing before the Division Bench today, Assistant Solicitor General of India (ASGI), K K Pangotra produced a copy of the communication written by the Department of Personnel and Training to the General Administration Department of State Government and expressed the inability of the DoPT to proceed further in the case of IAS officer Baseer Ahmed Khan in view of non-cooperating attitude of the GAD.
The Communication No. 107/26/2012-AVD.I of the DoPT dated May 14, 2013 signed by Under Secretary, S K Mishra and addressed to Secretary, General Administration Department reads: “While going through your letter No.GAD (Vig) 58-SP/2010 dated December 21, 2012 seeking sanction for prosecution against Baseer Ahmed Khan, IAS officer of J&K Cadre 2001, under Section 6 of the J&K Prevention of Corruption Act, 2006 read with Circular No.8/03/13 dated March 19, 2012 of the Central Vigilance Commission, it has been found that defence statement/version of Basser Ahmed Khan and comments of the Investigating Officer on the contention of Mr Khan are not available in the case record”.
“As per the check list of items in prosection cases, the version of the accused officer and the comments of the Investigating Officer thereon are necessary to process the case. Therefore, you are requested to send the defence statement of Mr Khan and comments of Investigating Officer to this office immediately so that case could be processed further”, the DoPT communication further reads.
After going through the communication of DoPT addressed to GAD, the DB expressed deep anguish/dissatisfaction over indifferent attitude of the GAD towards the DoPT commuinication.
When the communication was put to Senior Additional Advocate General, Gagan Basotra, he stated that the copy of the final investigation report prepared by the Investigating Officer was submitted to Government of India, which was sufficient for DoPT to proceed in the matter.
However, the DB didn’t agree with the submission of Senior AAG and Justice Attar remarked in the open court, “all these files pertaining to sanction in corruption cases were lying in shelves and it is only due to intervention of this court that the State Government woke up from the deep slumber and started processing the sanction”.
Justice Attar again remarked, “there is delay in responding to this communication”. Accordingly, the DB directed the GAD to respond to the commnunication within one week from today. Looking into the public interest and the urgency involved in the matter, the DB directed Mr Basotra to file an affidavit of GAD with regard to the compliance of today’s order.
At this stage, Advocate S S Ahmed appearing for the petitioner impressed upon DB that further directions be issued to the DoPT to report further progress in the case upon receipt of comments/information from the GAD. Upon this, DB issued directions to the DoPT through ASGI K K Pangotra to file an affidavit before the next date of hearing indicating the action taken in the matter. The DB also directed the Registry to list the PIL for further hearing immediately after ensuing summer break.
It is worthwhile to mention here that the Division Bench vide its order dated August 28, 2012 had directed the State of J&K to forward the papers of Baseer Ahmed Khan to the DoPT for requisite sanction under Section 6 of J&K Prevention of Corruption Act enabling State Vigilance Organization to file chargesheet before the competent court.
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