Despite clinching evidence; IO, PO ‘ensured acquittal’ of accused

VOK intentionally kept loopholes in case: Judge

Excelsior Correspondent
SRINAGAR, June 13: While deciding a 20-year old case of corruption for fake appointments in the Education Dept and acquitting the accused on the basis of benefit of doubt, Special Judge Anti-Corruption Kashmir, Srinagar , has placed on record anguish over the inadequacy of investigation and failure to discharge the responsibility on part of the Investigating Officer and the prosecutor who acted in a clandestine mission to keep loopholes in the case during trial to ultimately benefit the accused.
“It is an exhibition of low standard of professionalism unbecoming of officials of prime investigating agency entrusted with conducting the investigation and trial mainly in corruption cases, which is highly deplorable,” observed the Judge R N Wattal while disposing of the case, here yesterday.
The case, FIR No. 16/1999 U/S 5(2) Prevention of Corruption Act, was registered by the Vigilance Organization Kashmir on the basis of a complaint moved by G M Mir, the then Joint Director School Education, Kashmir, alleging fake appointments of seven female Teachers working in Zone Nishat, district Srinagar, namely Maheen Tabassum, Tasleema Jan, Ruksana, Mehmooda Bano, Parveen Akhter, Myser Jan and Nighat Yousuf who managed their entry in the Education Department fraudulently and illegally in connivance with some vested interests.
During investigation, the service books of these female teachers were seized. Even as no orders viz-a-viz their appointment/ transfer order/ adjustment were found in the office, from the perusal of the service books, these teachers were shown adjusted in Kangan and Ganderbal Zone and thereafter transferred to Nishat Zone. ZEOs of Kangan, Ganderbal and Srinagar disclosed that these teachers were neither posted in these zones nor were paid salaries. Handwriting of ZEOs, Principals and Head Masters of the institutions, where these teachers were shown to have been posted and transferred, were compared with their admitted signatures from FSL Srinagar. The latest entries in these service books tallied with the admitted writings of accused public servants of Education Zone, Nishat.
The investigation further revealed that none of these teachers had figured in the selection list of appointees issued by SSRB Srinagar, and as a result of these illegal forged appointments and drawing of the salaries, loss to the tune of Rs. 965899 was caused to Government exchequer. Explanation tendered by ZEO Nishat Ahmadullah Shah and his Sr Assistant Gh Nabi Wani, regarding the entries of the orders of appointment, transfer and adjustment in the service books and acquaintance rolls of these appointees, were found to be unjust and unacceptable. It was further revealed that documents were deliberately concealed or destroyed and investigation culminated with the prima facie establishment of offences u/s 5(2) PC Act read with Section 120-B, 420,467, 468,471 and 201 RPC against the accused.
Special Judge Anticorruption Kashmir R N Wattal, in his order of acquitting the accused, opined that failure to prove the fake appointments is attributed to faulty investigation and casual/mechanical approach of the prosecution while pursuing the case in the court on behalf of Vigilance Organization. “While scanning the statement of complainant, who has been of tainted character, extra caution was to be taken from the start to the end but this case has been investigated in a causal manner,” the Judge observed and added that had VOK conducted the preliminary enquiry and seized the enquiry of the department concerned, positively the position in the case would have been altogether different.
“Consciously the VOK has not conducted the preliminary enquiry and instead initiated the investigation on the complaint of Joint Director Education who is the person of tainted character. Knowing that the statement of the complainant, who has been charge sheeted in a case of fake appointment, unless corroborated by other witnesses and clinching evidence, cannot be taken and read against the accused, the VOK did not place any evidence from which it can be concluded that accused were architects of fake and forged entries of appointment date and orders of appointment, transfer and adjustment,” the Judge said and reiterated that Joint Director School Education even if presumed to be correct, cannot be looked into or considered being of tainted character. Maintaining that he was principally convinced that mischief had been done by the accused but there was nothing on the file in the shape of cogent and clinching evidence to establish and substantiate the same, the Judge said that the IO has done the investigation in casual way and prosecution has not taken pains to prove the record in the court as per evidentiary jurisprudence.

LEAVE A REPLY

Please enter your comment!
Please enter your name here