Excelsior Correspondent
JAMMU, Apr 4: In a significant order, Division Bench of the State High Court comprising Justice Alok Aradhe and Justice Tashi Rabstan has directed the 1st Additional Sessions Judge, Baramulla to take steps for completion of the trial in Gulmarg land scam expeditiously.
After hearing Advocate Sheikh Shakeel Ahmed with Advocates Rahul Raina, Suraj Singh and Supriya Chouhan appearing for the Public Interest Litigation titled Sheikh Mohammad Shafi & Anr V/s Union of India & Ors, whereas Advocate General Jehangir Iqbal Ganai with Deputy AG Raman Sharma, Govt. Advocate Ahtsham Bhat for the State Government, the Division Bench, in the open court, observed, “in view of the orders passed by the Division Bench at Srinagar on December 21, 2016 in PIL No.14/2012 titled Mohammad Rafiq Zargar V/s State & Ors whereby directions were issued to the Trial Court at Baramulla to expeditiously proceed in the matter in accordance with law we are not inclined to entertain the application. However, it is directed that the Trial Court shall take steps for completion of trial of the case expeditiously”.
Earlier, Advocate Ahmed submitted that it was on September 25, 2012 that SVO filed the charge sheet against Mehboob Iqbal and 17 others in the court of Additional Special Judge (Anti-Corruption) Srinagar and on October 5, 2013 the case was transferred to the court of 1st Additional District and Sessions Judge Baramulla.
“DoPT granted prosecution sanction against Baseer Ahmed Khan and a supplementary challan was also presented against him and the same was clubbed with the challan titled State V/s Mehboob Iqbal and Ors. Since November 9, 2013 the Trial Court at Baramulla has not been able to decide the question regarding framing of charge and almost six years have elapsed and there is no headway in the matter”, Advocate Ahmed said.
“The instant case is a biggest land scam of the State wherein senior functionaries of the State and top hoteliers of Kashmir are involved and land worth crores of rupees situated at Gulmarg was grabbed by illegally applying Roshini Scheme when the same was not applicable to the facts of the instant case. So much of laxity cannot be extended in a corruption case as the Apex Court has time and again ruled that corruption cases should be decided with utmost promptitude”, he said.
At this stage, Advocate General Jehangir Iqbal Ganai submitted, “there is no delay in the matter as the Division Bench at Srinagar had also called the records of the case in a Public Interest Litigation and thereafter on December 21, 2016 the directions were issued to the Trial Court at Baramulla to decide the case expeditiously.
“Time was consumed in the instant case regarding the question of the applicability of the Roshini Scheme or not and the challan was silent on the subject and the matter was deliberated before the Trial Court at length and subsequently the Trial Court held that it will decide the question of charge on the available material placed on record by the SVO”, he further submitted.
After hearing both the sides at length, the Division Bench directed the 1st Additional Sessions Judge Baramulla to take steps for completion of the trial expeditiously. Accordingly, DB disposed of the fresh Miscellaneous Application.
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