Excelsior Correspondent
JAMMU, Sept 4: Division Bench of High Court comprising Chief Justice M M Kumar and Justice Hasnain Massodi today directed the State to take further steps to prosecute the serving IAS officer Baseer Ahmad Khan especially when the Department of Personnel and Training under the Ministry of Personnel, Public Grievances and Pensions has accorded sanction for prosecution of the officer.
When the PIL seeking sanction to prosecute IAS/IPS/IFS officers involved in the corruption cases came up for hearing, Assistant Solicitor General of India (ASGI) K K Pangotra placed on record a copy of the order dated August 21, 2013 whereby sanction has been granted by the DoPT for prosecution of IAS officer. He submitted that for initiation of further necessary action the DoPT has also solicited a copy of the charge sheet from the State.
Observing that the order dated August 28, 2012 has been complied with, the DB said, “further steps be taken to prosecute the officer. No order of this court shall stand in the way of further proceedings which have already been initiated against the officer”.
On this, Advocate S S Ahmad appearing for the PIL submitted, “there is an officer namely Mohammad Yousaf Bhat, who was involved in infamous electrification scam. Though General Administration Department accorded sanction to prosecute him on May 10, 2012 yet he has challenged the FIR in proceedings under Section 561-A, which are pending before this court and there is a stay order prohibiting the prosecution to present the challan”.
“Similarly, in case FIR Nos.38/39-2003 name of Farooq Ahmad Geelani, IFS has figured but as per status report filed by the Ministry of Environment and Forests in SWP No.371/2013 there is an interim direction of status quo passed by the Single Bench”, Advocate Ahmad said, adding “the cases of three officers namely Farooq Ahmed Geelani, Ajaz Ahmad Bhat and Abdul Gani Hajam are pending consideration of Ministry of Environment and Forests, Union of India since March 20, 2012”.
Senior AAG Gagan Basotra and Deputy AG Z S Watali appearing for the State stated that according to the judgement of the Supreme Court the continuation of stay order after presentation of challan is impermissible in cases of Prevention of Corruption Act and necessary steps for vacation of this order were required to be taken.
On this, DB sought latest status report within four weeks and Senior AAG Gagan Basotra was directed to take necessary steps for modification/vacation of the stays in case of Farooq Ahmad Geelani. ASGI K K Pangotra was directed to take up the matter relating to Geelani, Ajaz Ahmad Bhat and Abdul Gani Hajam with the concerned Ministry and file status report within four weeks.
“Any deficiency pointed out by the Union Ministry of Forest must be provided to the Forest Department, Government of India within two weeks”, the DB further directed and asked the Registry to list the PIL on October 1, 2013. These directions were passed in the open court by the Chief Justice M M Kumar for the Division Bench.
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