PIL challenging extension in service of Baseer Khan
Excelsior Correspondent
JAMMU, July 12: A Special Division Bench of the State High Court comprising Justice Dhiraj Singh Thakur and Justice Sanjeev Kumar today issued notices to the Secretaries of Ministry of Home Affairs, Department of Personnel and Trainings, Chief Secretary J&K and Commissioner Secretary General Administration Department in an application challenging one year extension in service of Baseer Ahmed Khan, Divisional Commissioner Kashmir.
Assistant Solicitor General of India Vishal Sharma accepted notices on behalf of Secretaries of MHA and DoPT whereas Senior Additional Advocate General H A Siddiqui accepted notices on behalf of J&K CS, Commissioner Secretary GAD and Anti-Corruption Bureau.
After hearing Advocates Sheikh Shakeel Ahmed, Rahul Raina, Supriya Chouhan and Mohd Zulkarnain Chowdhary for the petitioners in the much publicized Public Interest Litigation titled Sheikh Mohd Shafi & Another Versus Union of India & Ors, the Division Bench, in the open court, impleaded Baseer Ahmed Khan as party respondent in the PIL and issued notice to him.
Senior Advocate R K Gupta with Advocate Uday Bhaskar caused appearance on behalf of Baseer Ahmed Khan and they were allowed three weeks time for filing response in the matter.
Heated arguments were advanced at the Bar by both the sides and the Division Bench observed, in the open court, that matter shall be further considered when the response is filed by the Union of India and State respondents.
Advocate S S Ahmed submitted that there was no change in the situation since 2013 when a Division Bench of this High Court had directed the State Government to shift the then Deputy Commissioner Srinagar Baseer Ahmed Khan from the coveted post in view of his facing serious corruption charges in FIR No.08/2009 P/S VOK (infamous Gulmarg land scam).
He further submitted that arguments on framing of charges before the trial court at Baramulla have been concluded on June 15, 2019 and the 1st Additional Sessions Judge (Special Judge Anti-Corruption), Baramulla has fixed 20th July, 2019 for pronouncement of orders on the question of framing of charges in Gulmarg land scam.
He further submitted that the State Government did not obtain clearance from Anti-Corruption Bureau and with oblique motive sought extension in service of ‘tainted’ IAS officer when the DoPT in the year 2013 had granted sanction for prosecution of Baseer Ahmed Khan in the much publicized Gulmarg land scam.
On the other hand, ASGI Vishal Sharma submitted that some findings have come in favour of the officer by a Bench of Srinagar High Court. Further, Senior AAG H A Siddiqui submitted that the instant petition is not maintainable as no service matter can be considered in a PIL.
While rebutting the submissions, Advocate S S Ahmed submitted that no clean chit yet has been given by any court in favour of Baseer Ahmed Khan and further the instant PIL is maintainable. He further submitted that trial court is yet to pronounce its orders on framing of charges on July 20, 2019.
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