Public Prosecutor directed to file complaint before Sessions Judge
Mohinder Verma
JAMMU, July 19: In a significant development, the National Conference-led Coalition Government has accorded sanction for the prosecution of former Congress Minister Abdul Gani Vakil for making false, malicious and defamatory allegations against the sitting Minister from the Congress party, Taj Mohi-ud-Din. The Public Prosecutor has been directed by the Law, Justice and Parliamentary Affairs Department to file criminal complaint against Vakil before the Sessions Judge, Jammu.
Vakil, who was Minister for Social Welfare in the previous Coalition Government of Congress and People’s Democratic Party (PDP), started leveling serious allegations against the sitting Congress Minister, Taj Mohi-ud-Din early this year.
In the statements published in various news-papers in the months of January and February, 2012, Vakil alleged that Taj Mohi-ud-Din, who is holding the portfolio of PHE, Irrigation and Flood Control, was involved in various scandals in the Departments under his charge.
The allegations from none else than colleague in the Congress party were taken very seriously by sitting Congress Minister, who approached the Chief Minister, Omar Abdullah with the request to verify the allegations and invoke Section 198-B of Code of Criminal Procedure, Samvat 1989 in case the imputations of Vakil proved wrong.
It is pertinent to mention here that Section 198-B of Code of Criminal Procedure deals with the prosecution for defamation against public servants in respect of their conduct in the discharge of public functions.
Taking cognizance of the allegations leveled by former Congress Minister and concern expressed by sitting Minister in his Government, Chief Minister put the official machinery to task of verifying the allegations. “After several months long exercise, the official machinery under the supervision of Chief Secretary, Madhav Lal, who is also the Secretary to Council of Ministers, came to the conclusion that the allegations/ imputations leveled by Vakil were totally false, malicious and defamatory”, official sources told EXCELSIOR.
Accordingly, the matter was placed before the Chief Minister and finally Government issued SRO No.231 on July 18 authorizing Secretary, Department of Law, Justice and Parliamentary Affairs, G H Tantray to accord sanction for prosecution of former Minister Abdul Gani Vakil. Today, Mr Tantray issued SRO No.232 according sanction for prosecution of Mr Vakil.
“In exercise of the powers conferred under Clause (B) of Sub-Section (3) of Section 198-B Code of Criminal Procedure, Samvat, 1989 read with Notification SRO 231 dated July 18, 2012, I, G H Tantray, Secretary to Government, Department of Law, Justice and Parliamentary Affairs after having been satisfied with the material available with me, do hereby accord sanction for prosecution of Abdul Gani Vakil, Ex-Minister, Quarter No.14-Special A, Gandhi Nagar, Jammu for making false, malicious and defamatory allegations/ imputations in various local news-papers published in January/ February 2012 against Taj Mohi-ud-Din, Minister for PHE, Irrigation and Flood Control Department”, the Notification issued by Mr Tantray reads.
It further says, “Chowdhary Mohammad Shabir, Public Prosecutor, Jammu is directed to file complaint under Section 500 RPC before the Sessions Judge, Jammu”.
The Section 500 RPC, which deals with punishment for defamation, states, “whosoever defamed another shall be punished with simple imprisonment for a term which may extend to two years or with fine or with both”.
When contacted, Minister for PHE, Irrigation and Flood Control, Taj Mohi-ud-Din said, “before requesting the Chief Minister to verify the allegations leveled against me by Vakil, I had written to the General Secretary Incharge of the All India Congress Committee (AICC) for J&K, Mohan Parkash clearly mentioning that I am going to prosecute Vakil for defaming me”.
“I had also made it clear to the party that I will not budge from my stand as Vakil has crossed all the limits of defaming me”, Taj further said, adding “since there was no communication from the party on this issue, it means they had no objection on my stand”.
In response to a question, he said, “there is no question of creating embarrassing situation for the Congress. Vakil has tried to tarnish my image and I am not going to tolerate this. He will have to face the consequences”, adding “Vakil had also leveled allegations against some other Ministers of the present Coalition Government but they remained mum. But, I found it appropriate to take legal action against him”.
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