22 years old disproportionate assets case
Excelsior Correspondent
JAMMU, Oct 18: In the much publicized disproportionate assets case registered against Deputy Director Food & Supplies Department about 22 years back, Anticorruption Bureau today filed closure report. However, court refused to accept the report and issued directions for further investigation.
After considering the closure report, Additional Special Judge Anticorruption Kashmir RN Wattal observed, “matter requires further investigation in light of the points raised in the order. Same, therefore, compels this court not to accept the final report and same is accordingly returned to SSP Anti-Corruption Bureau in terms of Section 173 (8) of CrPC for further investigation by an officer not below the rank of DySP and conclude the same within a period of three months”.
The final report owes its origin to the FIR No. 88/1997 which was registered under Prevention of Corruption Act on written complaint lodged by General Secretary Peoples Welfare Forum against Shabir Ahmad Kanth, the then Deputy Director (Admn) Food and Supplies Department.
The allegation against the officer was that he misappropriated huge amount of Government money by corrupt and illegal means in league with Mohammad Ashraf Shantoo, Assistant Director, Iftikhar Banday, Additional Director, Ghulam Nabi Shigan, AAO, Mehraj-ud-Din Khan Transport Officer, Khursheed Alam and Fayaz Ahmad, Store Keepers of Food and Supplies Department.
It was also alleged in the complaint that the accused Deputy Director had accumulated huge assets disproportionate to his known source of income in shape of 60 kanals of land that includes 10 kanals at Bye-pass and 50 kanals at Hazratbal and bank accounts/deposits at Delhi and Bangalore.
It was further alleged that accused was a partner of Shamiyana Restaurant at Boulevard in Srinagar and also purchased bungalows at Greater Kailash Delhi and Gandhi Nagar Jammu. It was also alleged that Deputy Director concerned in league with other staff members sold the food grains in black market and also fixed rates of transporters on higher side.
In the complaint it was mentioned that FCI was sending hundred to two hundred trucks of food grains on daily basis to valley and only 60% of these food grains used to reach valley and remaining were being sold in black market.
Additional Special Judge Anticorruption observed, “the casual and mechanical way of investigation is obvious and crystal clear from the observation of IO in the final report itself”, adding “what could have been the ramifications in investigating the case outside the State does not transpire from the report. Same is an exhibition of lame excuse with a conscious mind that can lead to an adverse inference”.
“Another aspect of the case is that the property in the shape of residential buildings in Delhi, Bangalore and Jammu that the accused was having has not been investigated as the final report is silent about the same. The allegations against other officers have not been thoroughly investigated as it revealed from final report”, the court observed and sent back to final report to ACB for further investigation.
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