HC quashes proceedings against then Tehsildar in alleged Hill-Kaka scam

Excelsior Correspondent
JAMMU, Oct 17: High Court has quashed charges as well as chargesheet against Ghulam Rasool, the then Tehsildar Surankote, who was allegedly involved in much publicized Hill-Kaka scam.
After hearing Senior Advocate PN Raina with Advocate JA Hamal for the petitioner whereas Deputy AG Raman Sharma for the State, Justice M K Hanjura observed, “inherent power vested in the High Court under Section 482 CrPC corresponding to Section 561-A of the CrPC as it applies to the state of J&K is based on the principle and object of the advancement of the justice”.
“In case the solemn process of the court is sought to be abused by a person with some oblique motive, the court has to thwart the attempt. The court cannot permit a prosecution to go on if the case falls in one of the categories as illustratively enumerated by the Supreme Court in State of Haryana Vs. Bhajan Lal”, Justice Hanjura said, adding “judicial process is a solemn proceeding, which cannot be allowed to continue where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused”.
“There is necessity to exercise jurisdiction under Section 561-A CrPC. Hence, the order dated 10.04.2013, passed by the Additional Sessions Judge, Anti-Corruption, Jammu, in case FIR No. 14/2005 of Police Station Vigilance Organization, Jammu, titled “State Vs. Chowdhary Mohammad Hafeez & Ors” whereby the accused has been charged for the commission of offence under Section 5 (1) (d) punishable under Section 5 (2) of PC Act and Sections 420/471/467/468 RPC read with Section 120- B RPC, to the extent of the petitioner is set aside, as a corollary to which the charge-sheet filed against the petitioner in the case is also quashed”, Justice Hanjura said.
It is pertinent to mention here that the Vigilance Organization after receiving information through reliable sources that a large scale misappropriation of public money was caused in the distribution of relief meant for the families by operation “Sarpvinash” carried out by the security forces in Hill Kaka area of district Poonch during the year 2005 registered a case under FIR No 14/2005 on October 21, 2005.

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