Sheikh Shakeel Ahmed
During my fight against corruption in State of J&K, I have come to a conclusion that there is ‘Institutionalized Protection’ to the big wigs and one of the prime reason for alienation of people in turbulent State is non-nailing of those people who abused the system to the core and later succeeded in coming out of the net because of their so called nationalist credentials. The way the proved scams have been dumped in our State by the anti-graft institutions like SVO the only inference which can be drawn is that the law is meant for children of lesser god in our State.
Hardly any politician or a senior bureaucrat has been punished under Prevention of Corruption Act in our State despite being involved in proved cases as the whole paraphernalia gets engaged in ensuring a clean chit for them. Be it Rupees 300 crore JAKFED scam, backdoor appointments by three Speakers, involvement of Politicians and Bureaucrats in infamous Kashmir sex scandal, Rupees eighty crore JKCA scam, Ganpat Bridge scam, encroachment of 20 lakhs kanal State land by land mafia, diversion of security related expenditure funds, infamous Gulmarg land scam, illegal appointments and undue transfers, not even a single politician or bureaucrat has ever been punished for the wrong doings and instead they have been elevated to the higher ranks in a State like Jammu and Kashmir.
The State Government had ordered one man commission headed by K.B. Pillai (IAS) in Rupees 300 crore JAKFED scam wherein Pillai had established fake movement of fertilizer and food grains and recommended the termination of those involved in the scam. Unfortunately those indicted by Pillai were later inducted into Indian Administrative Services (IAS). A report of this Commission was also tabled in the State Legislative Assembly over which the elected representatives had raised hue and cry but their voices were lost in the din.
The Accountant General of J&K made startling revelations with regard to the bunglings by the officers of the Revenue Department in the implementation of J&K State Lands (Vesting of Ownership to the Occupants) Act, 2001 also called as Roshini Scheme. The multiple FIRs were registered in May, 2015 and till date not even a single challan has been presented against the accused involved in the scam. The Roshini Scam is one of the biggest land scams in State of J&K wherein Senior IAS Officers of the rank of Divisional Commissioners and Deputy Commissioners are involved but if insiders in SVO are to be believed the senior officers are going to be spared and axe is likely to fall only on middle rung officers.
In our neighbouring State of Haryana a former Chief Minister Om Parkash Choutala and around 40 officials were booked in a corruption case relating to recruitment of 3000 Teachers and the Special Judge convicted leader of masses and others for 10 years rigorous imprisonment and the said Former Chief Minister is still undergoing sentence in Tihar Jail. Similarly corruption trials are sub-judice against the sitting Chief Minister of Punjab Sh. Parkash Singh Badal and his son Sukhbir Singh Badal (Deputy CM Punjab). Not only this but recently the CBI raided the house and various establishments of Chief Minister of Himachal Pradesh Mr. Veer Bahadur Singh and even on CBI plea the petition filed by H.P. Chief Minister was transferred to Delhi High Court from Himachal Pradesh High Court. But it seems that fight against corruption in State of J&K is restricted towards small fries and whenever the big fish is trapped the SVO and other agencies leave no stone unturned to ensure safe passage for them.
There is a general perception in our State that Corrupt are free to loot the resources of the State. To cite an example all officials involved in infamous Kashmir Sex Scam were made to get clean chit on technical grounds as the so called prosecutrix had turned hostile. The cruel joke with the people of the State was played when a Senior Bureaucrat acquitted on technical grounds in infamous Kashmir Sex scandal was elevated to the coveted post of Chief Secretary when law of the land is that parallel disciplinary proceedings can lie in such a situation but the laws/rules/judgments of Apex Court are selectively used by those in power in State of J&K.
The J&K Cricket Association (JKCA) has been accused of siphoning of more than Rupees 80 crores meant for the promotion of Cricket in State of J&K and fake accounts were opened under the nose of its President but till date not even a single official has been punished and off late the investigation was entrusted to CBI by the J&K High Court and the CBI is yet to come out with its findings.
The biggest transfer industry over which successive Chief Ministers have also expressed their concerns and resolved to end this menace is also continuing to flourish with active connivance of those at the helm of affairs. Not only this the lucrative/sensitive postings are given to those who are known corrupt and are in the habit of obliging their political mentors. The J&K Government went to the Supreme Court to assail the order of J&K High Court which had directed the transfer of a tainted Deputy Commissioner of Srinagar District facing trial in infamous Gulmarg Land Scam and the said officer being a blue eyed person is presently occupying responsible position as he has the patronage of powers that be.
Recently the SVO established a recruitment scam in J&K Legislative Assembly and came out with startling revelations indicting three Former Speakers for making 37 illegal/backdoor appointments but the spineless anti-graft SVO referred the established case of corruption to the GAD/Law Department for opinion after bypassing the State Vigilance Commission which is a supervisory Institution over SVO created by an Act of the Legislation.
This is high time both for State as well as Central Government to show spine and call spade-a-spade in J&K. Few Families in J&K had been taking the Government of India and people of the State for a ride and rest are suffering because of corruption, militancy and non-governance. There is writing on the wall that no big fish is to be touched in State of J&K. And because of this mind set the leaders irrespective of party affiliations are looting the State Ex-chequer/Resources without any sense of accountability. Despite repeated orders from Government of India the utilization certificates are not given, centrally sponsored schemes are utter failure because of organized corruption and fate of MNREGA is not hidden from anyone but who cares for laws and rules in State of J&K.
In the given situation where even the established cases of corruption are dumped/buried and the accused allowed to go scot free it would be in the interest of the State if such spineless anti-graft SVO is wound up and State relieved of extra burden on its ex-chequer. There had been a persistent demand of even abolishing the upper house in the State which too has become a rehabilitation centre for non-elected and failed politicians. A very recent case of brazen misuse of J&K Constitution came to fore when eight persons were nominated to the upper house ignoring the genuine claims of the persons having special knowledge or practical experience in respect of matters such as literature, science, art, cooperative movement and social service and the said nominations are now subject to scrutiny by the J&K High Court in a writ petition.
(The author is a practicing lawyer in J&K High Court)
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