Excelsior Correspondent
JAMMU, Sept 7: Following the directives of Division Bench of State High Court, the Legislative Assembly Secretariat today accorded sanction to the prosecution of National Conference leader from Reasi and former Minister Jagjeevan Lal in the Disproportionate Assets (DA) case, which was registered against him way back in 1989.
Authoritative sources told EXCELSIOR that keeping in view the directives of the Division Bench comprising Chief Justice M M Kumar and Justice Muzaffar Hussain Attar issued on August 28, 2012, Legislative Assembly Secretariat placed the file pertaining to prosecution sanction of former Minister Jagjeevan Lal in the Disproportionate Assets case before the Speaker Mohammad Akbar Lone.
“After going through the details vis-à-vis nature of allegations and outcome of the investigation carried out by the State Vigilance Organization in the case, Speaker Legislative Assembly accorded approval to prosecute the former Minister”, sources informed, adding “the sanction letter has been forward to the competent authorities for further necessary action”.
When contacted, Speaker, Mohd Akbar Lone confirmed that he has given the sanction. “The file was presented to me by my Secretariat and I have accorded the approval for launch of prosecution against the former Minister”, he added.
It is pertinent to mention here that the Disproportionate Assets case against the former Minister was registered by the State Vigilance Organization vide FIR No.9/1989 and after completion of investigation, the case was referred to Assembly Secretariat on September 12, 2007 for accord of prosecution sanction.
However, there was no decision on the file since then and the Division Bench of State High Court viewed this very seriously while passing orders in the Public Interest Litigation (PIL) seeking sanction to prosecute IAS/IFS/KAS and other officers and public men against whom corruption and other charges have been established by the Vigilance Organization.
On August 28, 2012, the Division Bench of State High Court impleaded Secretary Legislative Assembly as party respondents to the petition and issued a notice to him for filing an explanation as to why sanction for prosecution in respect of Jagjeevan Lal, ex-Minister has not been accorded despite the fact that case was referred to Assembly Secretariat on September 12, 2007.
While passing detailed order in the PIL, the DB had stated, “we hope that the decision with regard to according sanction for prosecution in all the cases is taken in accordance with the law laid down by the Supreme Court in Paragraph 44 of the judgment rendered in the case of Subramanian Swamy Versus Manmohan Singh and Another whereby it has been observed that grant of sanction is not a quasi-judicial function and the person for whose prosecution sanction is sought is not required to be heard by the competent authority before it takes decision in the matter”.
Sources said that State Government was also in the process of according prosecution sanction in other cases also and Vigilance Organization was preparing to file challan in respect of retired officers.
The PIL will be listed before the Division Bench on October 1, 2012 and all those who have been impleaded as party respondents will have to explain as to why there was inordinate delay in according prosecution sanction in the cases.
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