At present pace, agency to take many years for completion of task
Only 18 FIRs registered since Oct 2020, just 2 charge-sheets filed
Mohinder Verma
JAMMU, June 12: Notwithstanding the fact that Division Bench of J&K High Court had laid stress on expeditious completion of investigation into the infamous Roshni Land Scam so as to punish all those responsible for the biggest ever fraud in the erstwhile State, the Central Bureau of Investigation (CBI) is soft-pedaling on probe as it has registered only 18 FIRs since October 2020 and filed charge-sheets in just two cases.
The present pace of probe clearly indicates that supreme investigating agency of the country will take several years to complete the task as the record produced before the High Court revealed that over 6 lakh kanals of Government land was illegally regularized in favour of the occupants under the Roshni Scheme.
In response to RTI application filed by Advocate Sheikh Shakeel Ahmed seeking information vis-à-vis number of FIRs registered since the passing of judgment dated October 9, 2020; total number of charge-sheets laid before the competent courts and prosecution sanction sought by the CBI against Jammu and Kashmir Administrative Service and Indian Administrative Service officers, the CBI has itself made ‘startling’ revelations.
In reply to the RTI application, Dr Vidyut Vikash, Head of Branch CBI Jammu has mentioned that 7 FIRs have been registered by Jammu branch and in one case report under Section 173 CrPC has been submitted before the Special Judge Anti-Corruption CBI Cases Jammu. About prosecution sanctions, the officer has mentioned that information falls within the purview of Section 8(1)(h) of the RTI Act, 2005 as such the same cannot be provided to the applicant.
The Head of CBI Branch Srinagar, in the reply, has mentioned that 11 cases have been registered and the copies of the FIRs can be obtained from the CBI website directly. He has further mentioned that charge-sheets in two cases have been filed before the Special Judge Anti-Corruption CBI Cases Srinagar.
“No prosecution sanction sought from the Government of Jammu and Kashmir”, the officer has stated in the reply, adding “the information vis-à-vis lack of assistance or non-cooperation from any quarter or department of J&K Government with regard to furnishing of material for carrying out investigation in Roshni Land Scam is not available in the required manner”.
“Most of these 18 FIRs are based on the material which was gathered by the Jammu and Kashmir Anti-Corruption Bureau during investigation in the cases registered by the ACB”, official sources said, adding “this clearly establishes that Central Bureau of Investigation is soft-peddling on probe into the infamous land scam otherwise nearly two years was sufficient period to lodge more FIRs and file charge-sheets”.
As per the record produced before the Division Bench of the High Court around 6 lakh kanals of land was regularized in favour of the illegal occupants as per the provisions of the Roshni Act. “Keeping in view the present pace of investigation being conducted by CBI, it appears that the agency will take several years to complete the task in respect of entire scam”, sources further said.
The Division Bench of the High Court vide its judgment dated October 9, 2020, had directed that in all cases in which charge sheets stand filed by the Anti Corruption Bureau in the courts, the CBI shall conduct further and thorough investigation, and, if necessary file additional charge sheets in those cases.
“In cases pending for accord of sanction for prosecution before the Anti Corruption Bureau or the Competent Authority, the records thereof shall be placed before the CBI for examination. These cases shall be thoroughly further examined and investigated by the CBI and the matter for accord of sanction of prosecution against all persons found by the CBI as involved in the offences, shall be proceeded with, in accordance with law”, the DB had mentioned.
Not only investigation into the Roshni Land Scam, the CBI, as per the judgment of the High Court, is also required to inquire into the continued encroachments on State lands; illegal change of ownership/use; grant of licences on encroached State lands; misuse of the land in violation of the permitted user; raising of illegal constructions; failure of the authorities to take action for these illegalities; fix the responsibility and culpability of the persons who were at the helm of affairs, who were duty bound to and responsible for taking action; their failure to proceed in accordance with law against the illegalities and instead have permitted/ compounded the same, as also any other illegality which is revealed during the course of the enquiry.
Moreover, the CBI is supposed to inquire into the matter of publication of the Roshni Rules, 2007 without the assent of the Legislature and identify the persons who had illegally and dishonestly published the same and proceed in the matter for their criminal liability.
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