Fayaz Bukhari
SRINAGAR, Jan 28: The Anti Corruption Court in Srinagar today issued a non-bailable arrest warrant against five persons including four students of Government Medical College, Srinagar involved in Board of Professional Entrance Examination (BOPEE)’s Common Entrance Test (CET)-2012 scam.
The Special Judge Anti-Corruption Srinagar, Mohan Lal Manhas today issued non-bailable arrest warrant against four students of GMC Srinagar – Bazila Bilal Ved, Amira Shakeel, Sadam Farooq and Haroon Rashid Lone – who were selected for MBBS course for GMC, Srinagar fraudulently in 2012.
Court has already sent 12 MBBS students to Central Jail early this month and arrest warrant was issued after Crime Branch failed to produce these students before the court.
The court also issued non-bailable arrest warrant against Farooq Ahmad Itoo who was involved in the selling of question papers to the students and was let off by the Crime Branch after he turned approver.
Itoo who along with former BOPEE chairman, Mushtaq Ahmad Peer and Sajjad Ahmad Bhat are main accused in the scam. The Crime Branch recorded his statement during the investigations before the Magistrate.
Last month court observed that Peer and his co-accused, Farooq Ahmad Itoo and Sajjad Ahmad Bhat, have decimated the career of the meritorious students by selling the question papers of CET-2012. “The criminal act of applicant/accused by hatching a criminal conspiracy with other co-accused by indulging himself in clandestine sale of question papers for huge monitory consideration of about Rs 60 lakhs to less/average students has completely decimated the career of meritorious students”, the court observed.
The Special Judge Anti Corruption today said that during the last hearing of the case the investigating officer of Crime Branch had told the court that these accused will be produced before the court but he failed to produce them.
The court made strong observations against the Crime Branch for not producing the accused: “Non-production of these accused makes mockery of investigation and High Court guidelines and what is the explanation of the Investigation Officer for letting off accused Itoo when he made confessional statement.”
Crime Branch also produced 16 accused including Peer before the Court today and two more accused Abdul Qadir and Ghulam Nabi Bhat were produced for the first time before the court and they were sent to judicial custody till February 1.

Sanjeev Pargal
JAMMU, Jan 28: Top Army and Indian Air Force (IAF) Commanders today held a high level review of the situation in Jammu and Kashmir and discussed operational preparedness and co-ordination between the two major forces in case of any eventuality.
The high level inter-action between Army and IAF was held at Northern Command Headquarters at Udhampur and lasted two days (January 27 and 28).
Northern Army Commander Lt Sanjiv Chachra and Air Officer Commanding-in-Chief, Western Air Command, Air Marshal SS Soman jointly chaired the meeting, which was attended by top officers of Army and Air Force.
Official sources told the Excelsior that the high level meeting between Army and Air Force top brass was aimed at further improving inter-services cooperation in Jammu and Kashmir.
Army had to take Air Force services on some occasions during anti-militancy operations as it had to track the militants in dense forests, snow bound  and other inaccessible areas.
“The air operations had proved useful on a number of occasions for the Army in tracking down the militants hiding in the forest cover and other far off areas in Jammu and Kashmir,” sources said, adding both the forces decided to maintain close liaison with each other to thwart the militant designs in the State.
The meeting discussed and devised measures to further improve inter services cooperation between the two major forces, operating in Jammu and Kashmir.
Sources said the two-days long meeting also discussed in detail the issues of synergy between Army and Air Force operations. They added that aspects of peace time operations being conducted in Jammu and Kashmir by the two services were also discussed in detail between the two Commanders of Army and IAF.
Apart from anti-militancy and anti-infiltration measures, the role of Indian Air Force in providing logistics to the troops deployed in inaccessible areas also figured in the meeting.  The Army Commander lauded the services being provided by the Air Force to provide logistics to the troops in hilly, snow bound and other inaccessible areas including Ladakh region, which remained cut off by road during winters.
“The conference proved very fruitful in enhancing jointness and improving coordination of efforts of the Army and Air Force to meet the challenges of the prevailing security situation,” sources said noting that GOC-in-C Northern Command Lt Gen Sanjiv Chachra and AOC-in-C Western Command Air Marshal SS Soman also had one-to-one meeting to discuss security situation and operational preparedness of the forces in Jammu and Kashmir.
It may be mentioned here that Jammu and Kashmir would go to both Lok Sabha and Assembly elections in 2014, which were stated to be very crucial as Pakistan based militants were making all out efforts to disturb them. Further, the pullout by NATO and US troops from Afghanistan late this year was also expected to shift the focus of militants towards Jammu and Kashmir but Army maintained that it was fully prepared for any kind of situation.
Earlier in the day Air Marshal SS Soman paid tributes at Dhruva War Memorial dedicated to the martyrs of Northern Command.

Gopal Sharma

JAMMU, Jan 28: Complete `Chakka Jam’ strike  of the public transport operators crippled normal life from Lakhanpur to Banihal, Doda-Kishtwar and Rajouri-Poonch in support of their demand of hike in the fare today while with the intervention of Minister for Transport, Ch Ramzan the transporters suspended strike up to January 31.
All the buses, mini-buses/ Matadors, Tempo Travellers,  Tata Sumos/Taxies, auto-rikshaws and all other types of public transport vehicles  remained off the road in all 10 districts of Jammu region. It was a complete strike and the passengers, especially Mata Vaishnodevi  pilgrims, students and Government employees had to suffer in the absence of the public transport vehicles on the roads. The attendance in many Government offices was also thin in view of transporters’ strike.
The transport operators held strong protest demonstration in Ware House area against the State Transport authorities. They were shouting slogans against Transport Minister, Transport Commissioner and RTO Jammu. They alleged that despite repeated representations to the higher authorities, the Government has failed to review of fare of public transport vehicles. Some of them were mounting on the roof top of the vehicles and raising slogans.
At Jammu Railway Station and Bus Stand, a large number of passengers had been stranded. The Government pressed additional SRTC buses  to service but they also failed to cater to the passengers’ rush. The people were even  seen in many rural areas using mini-load carriers and tractor trolleys as mode of transport in emergency.  The inter-state buses of various State Road Transport Corporations plied normally.
Vijay Sharma,  general secretary All J&K Public Transport Welfare Association said that with the initiative of Transport Minister Ch Ramzan a meeting of the Association members was held with the Minister and Transport Commissioner in the Civil Secretariat at 2 pm.
Deputy Transport Commissioner  M L Raina and Regional Transport Officer Jammu Arvind Kotwal were also present. He said the Minister gave full assurance that during next Cabinet meeting being held on January 31, 2014, their issue of  revision of fare will be resolved. He also pleaded that on January 24, the Cabinet meeting could not be held due to some differences of opinion among few Ministers on an issue. In the next meeting the matter would be resolved.

The Minister requested to suspend the agitation. In view of  strong assurance from Ch Ramzan, the Association decided to suspend indefinite strike  for three days.
Bharat Bhushan Gupta, president Jammu-Poonch Bus Service Union said that strike was complete throughout the region today. The Association regretted the inconvenience caused to the public. He said that on the strong assurance of Minister incharge  Transport and CAPD  Ch Ramzan during meeting here today, the transport operators decided to suspend agitation up to January 31. They have given indication of 15-16 % hike in the fare. And if the Government remained undecided, the transporters would resume their strike.
Meanwhile, an official spokesman today said that the transporters of Jammu region have decided to withdraw their proposed indefinite strike call.  He said the joint announcement was made by the chairman Passenger Transport Association, Anil Chopra and Transport Commissioner, Saurabh Bhagat here today. The decision came after a meeting of the Association members with the Transport Minister Ch Mohd Ramzan.

*Status report on deadwood in adm sought

Mohinder Verma
JAMMU, Jan 28: State Government today came under severe criticism from the Division Bench of State High Court comprising Chief Justice M M Kumar and Justice Dhiraj Singh Thakur for adopting cold shoulder response towards the repeated pleas of the State Accountability Commission seeking independent investigating agency for carrying out inquiries into the complaints against public servants and adopting dilly-dallying tactics towards creation of requisite staff for the State Vigilance Commission.
Moreover, the DB has also viewed very seriously non-filing of status report vis-à-vis response received by General Administration Department from various Administrative Secretaries regarding identification of inefficient, deadwood and corrupt officers.
The Division Bench has made it clear that in case requisite staff was not sanctioned for the Vigilance Commission within one week, the Commissioner Secretary Finance Department shall appear in person on next date of hearing to explain the reasons behind lackadaisical attitude towards this matter of much importance. Similarly, the General Administration Department Secretary has been directed to indicate the exercise carried out by Administrative Secretaries in identification of deadwood or appear in person to explain non-compliance of the directives.
When the Public Interest Litigation (PIL) titled Sheikh Mohammad Shafi Versus Union of India and several connected matters came up for hearing, Advocate Sheikh Shakeel Ahmad appearing for the petitioner drew the attention of the Division Bench towards the latest status report filed by the General Administration Department vis-à-vis staff for the State Vigilance Commission (SVC).
“In the status report, it has been submitted that GAD had taken up the matter with the Finance Department for creation of posts in the SVC vide communication dated November 13, 2013 and issue is under the consideration of the Finance Department. However, despite issuance of three reminders latest by January 23, 2014 the response is awaited”, Advocate Ahmed said.
Advocate M A Bhat appearing for the Finance Department submitted that since Finance Department was not the party respondent the direction could not be carried out. However, DB remarked, in the open court, “the notice to Chief Secretary means notice to all the concerned departments”.
Taking serious note of cold shoulder response of the Finance Department, the Division Bench granted only one week’s time to the Commissioner Secretary Finance Department to do the needful and made it clear that in case of failure to ensure further compliance of the directions the officer shall remain present in person on next date of hearing to explain his conduct.
About the State Accountability Commission, Advocate Ahmad said, “this vital Commission has framed regulations whereby it has to be provided separate investigation wing for conducting inquiries into the complaints against the public servants but the Government is sleeping over numerous representations made by the Commission in this regard”.
He also drew the attention of the Division Bench towards Sections 25 and 26 of the State Accountability Commission Act, which states: “The Accountability Commission may for the purpose of conducting a preliminary inquiry or an investigation under the Act, utilize the services of any officer or investigation agency of the State Government or any other person or agency. Provided that the investigation agency required for the purpose shall be headed by an officer not below the rank of a Deputy Inspector General of Police and such agency shall be under the exclusive administrative control and direction of the Commission”.
On this, Division Bench, in the open court, remarked, “it is admitted fact that without investigation wing Accountability Commission is without teeth. Job of the Commission is to examine and investigate the complaints before making recommendations to the Government otherwise complaints would be gathering dust”. Though Senior Additional Advocate General, Gagan Basotra tried to make some submissions yet the DB further remarked, “you pick up any Act of any State there is an independent body for investigation”.
Accordingly, the Division Bench directed Senior AAG to file a status report indicating the action taken on the numerous recommendations vis-à-vis investigation wing made by the Accountability Commission to the Government and persons sent on deputation as per rules and regulations of the J&K Accountability Commission Act.
The DB also arrayed State Accountability Commission as party and issued notice through its Secretary to explain the working and difficulties of the Commission.
Expressing satisfaction over the compliance of previous directions vis-à-vis State Information Commission, the DB directed that deputation of one Senior Prosecuting Officer to the State Information Commission, which is presently under process for which NOC has been sought from the Department of Law, Justice and Parliamentary Affairs, should be cleared expeditiously.
Pointing towards the previous directions of the DB regarding filing of status report with regard to response received from various Administrative Secretaries regarding identification of inefficient, deadwood and corrupt officers especially after the latest communication of GAD dated December 12, 2013, the counsel for the petitioner said, “this direction has also been taken very casually by the Government and no status report has been filed”, adding “this puts question mark on the Government’s intentions to deal with inefficient and corrupt officers in the administration”.
On this, DB reiterated directions to the GAD to file status report on the response received from the Administrative Secretaries failing which Secretary of the department shall remain present in person on next date of hearing to explain his conduct.
The DB also viewed very seriously no progress vis-à-vis four officers, who were identified by the High Level Committee for pre-mature retirement under Article 226(2) of J&K CSR. “The GAD was directed to take necessary steps with regard to these four officers but till date nothing has been done”, the DB said, in the open court, and directed the GAD to file status report in this regard also.
The counsel for the petitioner submitted that a Special Bench may be constituted to hear three cases wherein stay orders are operating for non filing of challan in Rural Electrification Scam since July 2008.
The DB was apprised that in FIR No.19/2008 the then MD SFC Aijaz Ahmad Bhat has been declared proclaimed offender and on January 25, 2014 challan was presented against Abdul Gani Hajam (IFS) and Bilal Ahmed Wani in the court of Additional Session Judge Designated Special Judge Anti-corruption Court at Baramulla.
Advocate Ahmed also drew the attention of DB towards the latest judgment of the Apex Court wherein the registration of FIR has been held mandatory in case of disclosure of a cognizable offence and in cases of corruption the preliminary enquiry should not exceed seven days. He submitted that in investigating agencies of State—Vigilance Organization and Crime Branch numerous enquiries are pending over the years in flagrant violation of time limit fixed by the Apex Court.
The PIL will be listed for further consideration on February 25, 2014.

Excelsior Correspondent
JAMMU, Jan 28: Inspector General of Police, Kashmir Zone Abdul Ghani Mir has justified the registration of FIR against the Mobile Magistrate in Sopore last month and said that while doing so the Police has followed the latest judgment of the Supreme Court of India.
In the reply filed on the directions of the Special Bench of the High Court, the IGP said that on December 12, 2013 the case FIR No.249/2013 under Section 341 RPC was registered at Police Station Sopore on the instance of MLA Langate Engineer Abdul Rashid.
“The MLA leveled allegations against the Mobile Magistrate Sopore regarding the death of Abdul Rehman Dar, son of Mohd Sultan Dar of Unisoo Handwara and in this connection he preferred a written report in the Police Station through one Showkat Ahmad Pandit, son of Ghulam Hassan Pandit of Unsoo Handwara’, he said, adding “on finding the allegations against the Judicial Officer, the SHO of Police Station consulted CPO and SDPO Sopore in the matter, who advised the SHO not to proceed ahead in the investigation. Consequently, after the registration of the case no investigation was conducted in the matter”.
The IGP said that he also directed the SP Sopore and concerned Investigating Officer not to proceed further into the matter till any direction from the High Court is received. “In this connection, Registrar General of High Court was apprised vide a UO No.ZPHQ/CS/16193 dated December 20, 2013”, he added.
Stating that recently a judgment was pronounced by the constitutional bench of the Supreme Court in which it was held that registration of a case in a cognizable offence is mandatory and in case any police officer deviates he is liable to face action under law, the IGP said, “this judgment was in the mind of Police Officer while registering the case”.
He said that directions dated March 7, 1994 passed by the Supreme Court in the Writ Petition titled UP Judicial Officers Association Versus Union of India have been received by Zonal Police Headquarters from Director General of Police vide PHQ Letter No.Legal /GB/52/290013/65108-75 dated December 31, 2013. “The ZPHQ Kashmir circulated the guidelines along all Range DIGs and District SSPs/SPs of Kashmir zone and they were directed for strict compliance”, he said, adding “the District SSPs/SPs in their compliance reports have intimated that the guidelines were circulated among subordinate units for strict compliance”.
The IGP further said that the investigation of the case FIR No.249/2013 Police Station Sopore is in abeyance and any direction or guideline from the High Court in the matter will be complied with in letter and spirit.
“We have great regard and reverence for the courts of law. We have always implemented the orders passed by the courts of law from time to time in letter and spirit. Thus, the respondents have upheld the dignity, majesty and supremacy of the judiciary”, the IGP said.