Latest progress in all Roshni scam FIRs sought from ACB
Concern expressed over slack approach in investigation
Mohinder Verma
JAMMU, Mar 4: In a major development in the infamous Gulmarg land scam, Division Bench of the High Court comprising Chief Justice Gita Mittal and Justice Rajesh Bindal today sought status of the proceedings from the Anti-Corruption Court Baramulla after it was submitted that despite repeated directions from the highest court of Jammu and Kashmir there is no headway on arguments on charge/discharge during the past quite long time.
Moreover, the Division Bench has directed the Anti-Corruption Bureau (formerly Vigilance Organization) to file status report indicating the progress made in all the FIRs lodged in connection with the irregularities committed under the much-talked about Jammu and Kashmir State Lands (Vesting of Ownership to the Occupants) Act popularly known as Roshni Scheme, which presently stands scrapped.
These directions were passed by the Division Bench headed by Chief Justice Gita Mittal in the open court in a Public Interest Litigation (PIL) highlighting encroachments on over 20 lakh kanals of State land particularly by the land mafia and influential persons in connivance with the Police and Revenue Departments officials.
When the PIL was taken up for hearing, Advocate Sheikh Shakeel Ahmad appearing for the petitioner drew the attention of the Division Bench towards the fate of FIR No.8/2009 registered by Vigilance Organization Kashmir in connection with the infamous Gulmarg land scam.
“In this FIR, the Vigilance Organization Kashmir presented main challan on September 25, 2012 and supplementary challan on September 23, 2013 but despite numerous directions from the High Court there is no headway on arguments on charge/discharge in the Anti-Corruption Court Baramulla”, Advocate Ahmad submitted, adding “highly influential persons involved in the FIR are leaving no stone unturned to scuttle the proceedings of the Anti-Corruption Court Baramulla”.
“All the 20 accused in the FIR including the Government officers and beneficiaries have remained unpunished even after committing major fraud mainly because the fate of the case is hanging in balance during the past several years”, the counsel for the PIL further submitted.
Accordingly, the Division Bench headed by Chief Justice sought latest status of the proceedings from the Anti-Corruption Court Baramulla and issued necessary directions in this regard to the Registry of the High Court.
The attention of the Division Bench was also drawn towards lists of encroachers of 20 lakh kanal State land furnished by the Divisional Commissioner Kashmir and Divisional Commissioner Jammu on the directions of the then Chief Justice of the High Court Justice M M Kumar. “Till date no discernible action has been taken against the encroachers”, Advocate Ahmad submitted.
Even status report dated April 1, 2019 submitted by the Anti-Corruption Bureau (formerly Vigilance Organization) in respect of 17 FIRs lodged in connection with the Roshni land scam was examined by the Chief Justice in the open court and it was noticed that investigation in 9 FIRs is still pending while as two cases are pending for prosecution sanction in the General Administration Department.
“Several years have lapsed since the registration of these FIRs by the premier anti-corruption agency of the Jammu and Kashmir but there is no visible progress as a result of which all the accused including the influential serving and retired bureaucrats have remained unpunished”, Advocate Ahmed, adding “what was the objective behind lodging these FIRs if the same were not to be pursued seriously”.
“Challan in respect of only two FIRs have been presented”, Chief Justice observed in the open court after perusal of status report and after hearing Advocate Sheikh Shakeel Ahmed with Advocates Rahul Raina and Supriya Singh Chauhan Division Bench issued directions to the Anti-Corruption Bureau (ACB) for filing latest status of these FIRs so that on next date of hearing effective orders are passed by the High Court.
Out of the nine cases in which investigation is still pending five FIRs Nos. 16/2014, 3/2015, 4/2015, 5/2015 and 23/2015 are pending with Anti-Corruption Bureau, Jammu while as four FIRs Nos.17/2014, 34/2014, 26/2015 and 31/2015 are pending with Anti-Corruption Bureau, Kashmir.
Moreover, the Division Bench directed Advocate Adarsh Sharma appearing for the Jammu Development Authority to file latest status of demarcation of the JDA land in Jammu and Samba districts. “You should also come up with the utilization plan/road-map for the already retrieved/demarcated land”, the Chief Justice said in the open court.
Keeping in view the importance of the Public Interest Litigation, the Division Bench fixed March 12 as next date of hearing.
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