Excelsior Correspondent
JAMMU, May 10: Two social activists through a Public Interest Litigation (PIL) filed in Jammu Wing of State High Court have sought directions to the Commissioner of Vigilance to file charge sheet in designated Anticorruption Courts against IAS and KAS officers involved in various corruption cases.
Through PIL the directives have been sought to file charge –sheet in designated Anticorruption Courts in FIR No 29/2003 VOJ (Canal Power House), FIR NO 21/2006 VOJ (illegal appointments in Local Bodies), FIR No 22/2009 VOJ against Babu Ram then CDPO Doda, FIR NO 18/2005 VOK Rural Electrification scam, FIR No 8/2009 VOK infamous Gulmarg land scam and FIR No 17/2010 VOK against Gulam Hassan Wani the then Joint Registrar Cooperative Kashmir in view of the deemed sanction for prosecution as per the law laid down by the Supreme Court of India in case titled Dr Subramanian Swamy vs Dr Manmohan Singh and another decided on January 31 this year arising out of SLP( C )No 27535 of 2010.
The PIL has been filed by two social activists namely Sheikh Mohammed Shafi, S/O Sheikh Abdul Rehamn (ex MP) and Prof S K Bhalla through advocate Sheikh Shakeel Ahmed in which the petitioners have strongly highlighted the judgment of the Apex Court where in the Court fixed the time limit of three months for the competent authority to accord sanction in corruption cases and in the event of failure to accord sanction it is deemed to be granted.
The petitioners in their application have highlighted that in FIR No 8/2009 and the prosecution sanction was issued vide Government order No 02-GAD (VIG) of 2010 dated January 18, 2010. The competent authority accorded sanction for the prosecution of small fries only but is sitting over the sanction of Mehboob Iqbal (IAS) then Divisional Commissioner Kashmir, Farooq Ahmed Shah then Additional DC Baramulla and Bashir Ahmed Khan (IAS) then Deputy Commissioner Baramulla.
The Petitioners submitted before the Court that respondents be directed to disclose the reasons for such a huge delay in granting sanction against senior officers when the case was received in GAD on December 22, 2009 and according to SVO investigation the accused entered into the criminal conspiracy for illegal transfer of State land at Gulmarg worth crores of rupees by misusing the provisions of Roshni Act.
The petitioners have also highlighted FIR No 17/2010 VOK registered against Ghulam Hassan Wani (KAS) then Joint Registrar Cooperative Audit whose case for sanction was received by GAD on December 26,2011 and the Commissioner of Vigilance was requested on January 17 to furnish comments on the representation of the accused officer which are awaited. The petitioners have also highlighted the inaction of State in sitting over sanction in case FIR No 18/2005 VOK in much publicized rural electrification scam in which Syed Asgar Ali then Director Rural Development Kashmir presently MLC PDP is allegedly accused along with BDO Zafar Altaf, Mohammed Yousf Bhat , Mohammed Yousaf Ganie, Abdul Hamid Wani and Mohammed Saleem Khandey.
It was further submitted that in this case the proposal for sanction was received in the GAD on January 15, 2008 and the case was processed for orders of the competent authority and is under submission since January 14,2009. The delay speaks volumes about the dilly dallying tactics of powers that be.
The petitioners have also referred to FIR No 22/2009 VOJ registered against Babu Ram then CDPO Doda and SVO sought sanction on August 16,2011 and the case was referred by GAD to Social Welfare Department on January 12 this year form comments which are still awaited. The petitioners further submitted that in FIR No 21/2006 VOJ sanction was accorded against the small employees of Local Bodies and sanction is yet pending before the GAD.
It was further alleged that respondents have double standards while according sanction in terms of Section 6 of Prevention of Corruption Act. The petitioners have also alleged that recently the competent authority i.e the Chief Minister of the State declined sanction for prosecution of sitting Cabinet Minister, Ghulam Hassan Mir presently Minister of Agriculture who was allegedly involved in making 53 illegal/ backdoor appointments in J&K Legal Service Authority. The petitioners have stated that this case is just a tip of ice-berg as number of the cases of similar nature are awaiting sanction before the competent authority.
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