No focus on getting stays vacated; accused remain unpunished
Mohinder Verma
JAMMU, Sept 11: The fate of numerous FIRs lodged by the State Vigilance Organization, the premier investigating agency of Jammu and Kashmir, into various much publicized scams is hanging in balance during the past several years due to lack of proper follow-up exercise on the part of Public Prosecutors and Law Officers. Due to this, all the accused persons including the in-service Government servants have remained unpunished despite committing glaring illegalities.
These FIRs pertain to Gulmarg land scam, rural electrification scam and illegal appointments scams, which surfaced several years ago, and many serving senior bureaucrats are also allegedly involved in the same.
The much publicized Gulmarg land scam came into limelight in the year 2009 when Vigilance Organization registered FIR No.08/2009 on March 6, 2009 against the then Divisional Commissioner Kashmir, the then Deputy Commissioner Baramulla and several other officers for entering into criminal conspiracy with the beneficiaries to illegally possess and vest the ownership on the land in Gulmarg when the beneficiaries were not eligible under J&K State Land (Vesting of Ownership Rights to the Occupants) Act, 2001 commonly known as Roshni Act.
After registration of the FIR No.08/2009, some of the accused sought the quashment of FIR in Srinagar Wing of the High Court. However, the plea was dismissed and Vigilance Organization was directed to go ahead with the investigation. On the directions of the Division Bench, the Vigilance Organization produced challan under Section 5(2) Prevention of Corruption Act in the court of Special Judge Anti-Corruption Srinagar, which transferred the challan to the court of Additional Sessions Judge, Baramulla in view of conferment of powers under Prevention of Corruption Act upon this court.
“On May 28, 2016, Additional Sessions Judge Baramulla deferred the orders on framing of charges in this scam but thereafter no development took place as a result of which the FIR could not be taken to the logical conclusion and accused Government servants are still holding important posts”, official sources told EXCELSIOR.
Similarly, FIR into rural electrification scam in the Rural Development Department was registered in 2005 against several officers but some years back High Court passed stay orders in a number of petitions restraining presentation of challan.
“But till date no effort has been made by the premier investigating agency through the concerned Law Officers to get the stay orders vacated so that FIR No.18/2005 is taken to logical conclusion”, sources said, adding “the Law Officers should have placed sufficient material pertaining to the FIR before the court for modification or lifting of interim orders but they preferred to remain silent”.
“Even the fate of FIR No.17/2010 registered by Vigilance Organization Kashmir against an officer of Cooperative Department for possessing disproportionate assets is hanging in balance till date even after presentation of challan mainly because of lack of follow-up exercise”, sources said while expressing concern over delay of 7 years in deciding the fate of this case.
As per the official information, challan in the FIR No.21/2006 pertaining to illegal appointments in the Urban Local Bodies made during the year 2001-2004 was presented before the relevant court on September 25, 2012-six years after the registration of case.
“But, the case is yet to be decided despite lapse of nearly five years for want of proper follow-up exercise from the concerned quarters in the premier investigating agency of the State”, sources said while disclosing that majority of the Government servants involved in this scam attained superannuation during the pendency of the case thereby putting a question mark on the performance of SVO.
“There should have been proper follow-up in the shape of presentation of witnesses and material in support of the SVO case so as to facilitate the courts in early disposal of these cases”, sources stressed, adding “the hanging fate of FIRs pertaining to major scams is clearly sending a message that there is no seriousness in fighting the menace of corruption. Had some of the accused officers been punished a strong message would have gone to each and every section of the Government employees”.
In FIR No.22/2009, which pertains to illegal appointment in the Social Welfare Department Doda, sanction for launching prosecution was declined by the competent authority regarding the then CDPO Doda. However, on presentation of Ikhtitami, Court of Additional Special Judge Anti-Corruption Doda directed the SVO to present challan against him especially when he has been retired prematurely.
This direction of the court raised a question of law—if sanction for launching of prosecution is denied by competent authority, can accused be challaned on his subsequent superannuation and accordingly the Vigilance Organization submitted the matter to General Administration Department for seeking advice on the issue from the Law Department vide Communication No.VO-FIR/22/2009-J-12706 dated September 8, 2016.
“Thereafter, a number of reminders were addressed to GAD but the response is still awaited”, sources informed while stressing that Government should come up with a guidelines so as to ensure that there is proper follow-up of all the cases registered by the Vigilance Organization.
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