Excelsior Correspondent
Jammu, June 1: In a petition filed by SK Bhalla seeking direction to Director State Vigilance Organization to constitute a Special Investigation Team (SIT) to be headed by an officer not below the rank of Superintendent of Police to probe the petitioner’s complaint dated 05-05-2015 which is directed against the Former Revenue Minister of the State who has allegedly constructed a palatial house on State Land in Khasra No.781 situated at Village Deeli, District Jammu.
Justice Tashi Rabstan of J&K High Court, Jammu Wing today after hearing Adv SS Ahmed appearing for the petition issued notices to the Commissioner/Secretary GAD, Director State Vigilance Organization and SSP VOJ in a petition filed by Prof S K Bhalla a Social/RTI Activist seeking constitution of a Special Investigation Team (SIT) to probe his complaint dated May, 5, 2015 which is directed against Former Revenue Minister of J&K State Mr. Raman Bhalla who has allegedly constructed a palatial house on State Land in Khasra No.781 situated at Village Deeli, Near Marble Market, Jammu.
After hearing Advocate Sheikh Shakeel Ahmed with Advocates Irfaan Khan, Suraj Singh and Rahul Raina appearing for the petitioner Prof S K Bhalla, Justice Tashi Rabstan directed Director State Vigilance Organization and Senior Superintendent of Police, Vigilance Organization, Jammu to submit the status of the petitioner’s complaint dated May, 5, 2015 by and before the next date of hearing. The Court looking into the importance of the issue directed the Registry to list this matter in the week commencing 6th July, 2015.
In the petition it is alleged that Former Revenue Minister Raman Bhalla has allegedly raised a palatial house on State Land in Khasra No.781 situated at Village Deeli (Marble Market), District Jammu when the Municipal Corporation Jammu has sanctioned the building permission in favour of Raman Bhalla for the land comprised in Khasra No.778 and 779 situated at Village Deeli, District Jammu. It is further stated that the Ex-Minister has allegedly grabbed the State land adjoining Satyam Resorts and the functionaries of the State in Revenue and JMC acted as mute spectators only due to the political clout of Raman Bhalla.
During the course of arguments Advocate S.S. Ahmed submitted that total State land comprising in Khasra No.781 is 198 Kanals and 15 Marlas and out of which 154 Kanals and 5 Marlas stood transferred to JDA and rest of the land has been found recorded in the possession of different persons. He further submitted that SVO has also initiated a suo-moto enquiry into the encroachment of State land by the Ex-Revenue Minister with regard to Khasra No.781 and the said enquiry was reportedly started in February, 2015 and the enquiry has been going on at snail’s pace and the SVO is trying to hush-up the matter in view of the stature of Raman Bhalla as no serious efforts are being made to make the probe fair and time bound.
Advocate S S Ahmed further submitted that there is no headway in the matter because the petitioner was not intimated the outcome of his complaint by the SVO within seven days as stipulated by the Apex Court in its celebrated Judgment titled Lalita Kumari V/s State of UP & Ors wherein the Apex Court held that even in a case of corruption where a preliminary enquiry is initiated the same should not exceed 7 days and the investigating agency is under an obligation to inform the complainant about its outcome. He further argued that the SVO cannot sit over the matter for months together as they have been doing in number of cases and with the passage of time the evidence gets destroyed and virtually the cases lose their sheen.
Advocate S S Ahmed vociferously argued that although the probe in this case was initially started on a source report way back in February, 2015 but till date no demarcation of the disputed land/structure has been done which establishes the lackadaisical approach of the SVO and appropriate directions are warranted so that demarcation is conducted with utmost promptitude and the probe is finalized on its merits. He further submitted that this is a fit case where monitoring is required so that periodic reports are summoned from SVO with regard to the progress achieved in the case.
Adv SS Ahmed also referred a Judgment of the Supreme Court titled Vineet Narain & Ors V/s Union of India & Ors wherein the Supreme Court observed that, “Be you ever so high, the law is above you.” He further submitted that looking into the accusations against the Former Revenue Minister of the State the probe is required to be monitored by this Court so that the confidence of the public is instilled in its impartiality.
The petitioner has prayed for the constitution of SIT and also directions to the Director SVO to file an affidavit disclosing as to why FIR under Section 5(2) J&K PC Act was not registered on receipt of petitioner’s complaint dated 05-05-2015 in view of the directions of the Supreme Court in case titled Lalita Kumar V/s State of UP & Ors.
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