Excelsior Correspondent
Srinagar, Dec 30: The High Court has dismissed the plea seeking quashing of FIR by the then ARTO in disproportionate assets (DA) case and directed the investigating agency (ACB) to proceed in the case in accordance with law and file a charge sheet before the competent court of law.
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Justice Sanjay Parihar dismissed the plea of then ARTO-Abdul Majid Bhat seeking quashing of FIR. The court said that there is no merit in the petition, the case of the petitioner does not fall within any of the categories enumerated as relied on by his counsel on various judgments of the apex court. “Interference at this stage would amount to usurping the statutory domain of the investigating agency. Accordingly, the petition is dismissed. The respondents shall proceed in accordance with law and file the charge sheet before the competent court, interim direction if any shall stand vacated”, the court concluded.
Bhat, a public servant who at the relevant time was posted as Assistant Regional Transport Officer, Shopian, challenged FIR No. 25/2018 dated 14-07-2018 registered against him for the alleged commission of offences under the J&K Prevention of Corruption Act.
The respondents, contended before the court that the proceedings were initiated on the basis of a credible source report received by the ACB, Kashmir, indicating that the petitioner, while holding various executive posts in the Motor Vehicles Department, had accumulated assets grossly disproportionate to his known and lawful sources of income.
Pursuant thereto, a secret verification was conducted by the Vigilance Organization Kashmir (now ACB), which prima facie revealed that the petitioner had acquired extensive movable and immovable properties. Although he entered Government service in August 2000, the check period was primarily confined to the years 2008-2018, during which he functioned as In-charge ARTO, a post involving substantial executive authority.
According to the respondents, the verification revealed disproportionate assets worth Rs. 1.39 crore approximately amounting to 267.88% in excess of the petitioner’s known sources of income, thereby constituting criminal misconduct, benami acquisition of properties, failure to declare assets, and failure to account for unaccounted cash. Consequently, FIR under Sections 5(1)(e) and 5(2) of the J&K Prevention of Corruption Act was registered.
According to the investigation conducted thus far, the petitioner has been prematurely retired from service and the charge-sheet is stated to be ready for presentation, there being no requirement of sanction for prosecution.
The court said, the investigation in the case stands concluded and offences under Sections 5(1)(e) and 5(2) of the Prevention of Corruption Act have been found. Additionally, offences under Sections 12 and 14 of the Public Men and Public Servants (Declaration of Assets and Other Provisions) Act have also been found.
“The petitioner has since been prematurely retired on 16-02-2023 and, according to the prosecution; no prior sanction is required for filing of the charge-sheet. However, due to pendency of the present petition, the charge-sheet has not yet been presented as such the respondents shall proceed in accordance with law and file the charge sheet before the competent court”, the court said.
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