Strictures passed against CB for delaying probe for one decade
IG directed for further investigation to unravel all facts
Mohinder Verma
JAMMU, Mar 22: Rejecting the final reports in over 4000 kanals of land scam involving former Cabinet Minister and others, Special Judge Anti-Corruption Jammu Y P Bourney has passed strictures against the Crime Branch and issued directions for further investigation within a period of three months to unearth all the facts and expose all the beneficiaries.
Moreover, the court has laid thrust on putting in place a full-time specialized investigating agency with its own cadre to deal with while collar crimes and systematic frauds in the Government offices in order to eradicate the cancerous disease of corruption.
In the year 2012, the Crime Branch Jammu registered three FIRs against the then Tehsildars Jammu Balwant Raj and Kamal Singh and others under different sections of Prevention of Corruption Act on the basis of formal complaints alleging land scam of huge magnitude.
However, after nearly a decade long investigation, the Crime Branch filed closure reports in the court of Special Judge Anti-Corruption Jammu. After going through the closure report, the court observed, “more than 4000 kanals of prime land in Nandani and adjoining areas forming the bed or banks of River Tawi has been grabbed and usurped unabatedly in the name of a mysterious lady with the active assistance of the officers and officials of the Revenue Department”.
“One of the beneficiaries is reported to be Taj Mohu-ud-Din, former Cabinet Minister and a well-known politician of Jammu and Kashmir and his family members having acquired more than 843 kanals of land in utter disregard to the upper ceiling limit on land holding imposed under Agrarian Reforms Act”, the court said, adding “it all appears to be the handiwork of officers/officials, land grabbers and the ultimate beneficiaries that a lady makes entry mysteriously to inherit the estate of a person whom they have shown her uncle without her father or she herself figuring as a co-sharer”.
How come a lady who inherited 242 kanals of land out of which more than 238 kanals had gone to the tillers and was left with less than three kanals of land could have given power of attorney of such a huge chunk of land measuring 2072 kanals at first place and her successors having virtually nothing to inherit could have further given powers of attorney of more than 1350 kanals of land still the officials of Revenue Department continued to issue papers for sale unabatedly, the Special Judge Anti-Corruption wondered.
“It is disgusting as well as disturbing to see that bundling of such a gigantic magnitude for grabbing more than 4000 kanals of prime land constituting predominately the bed of River Tawi in the immediate outskirts of Jammu city having been scripted by none other than the revenue officials after joining hands with the land sharks/grabbers for favouring the particular beneficiaries has been downplayed and attempted to be suppressed by delaying unduly the investigation at the first place and finally an attempt is made to cover-up the matter once for all by filing these closure reports”, the court said.
The court further said, “such an act has not only affected the very interest of State by these officials and beneficiaries having joined hands to usurp more than 4000 kanals of prime land in a single shot and God knows what they have done elsewhere over the years they were holding offices”.
Passing strictures against the Crime Branch, the court said, “the role of the investigating agency is equally disturbing as far from taking the investigations to logical conclusion sincerely within a reasonable timeframe for uncovering the truth, much of the efforts have been made to kill the time by sitting over the matter during the period of one decade of investigation when it should not have taken more than six months to complete the exercise in the normal course”.
“With the result, most of these officials might have superannuated by now and walked out with all service, promotions and retirement benefits and same might be the fate of other co-accused persons as three of them are already dead”, the court further said.
With these observations, the court rejected the final reports with the direction to the Inspector General of Crime Branch to get the matter further investigated thoroughly for reaching out at the truth by collecting all the necessary details including the total land grabbed and sold in the process and also the role of major beneficiaries.
“The investigation be completed within a period of three months by constituting a special team of senior officers not below the rank of DySP”, the court said, adding “a copy of this order be also forwarded to the Chief Secretary for information and necessary action”.
Before parting with the judgment, the court said, “it is high-time for the Government to act and put in place a full time specialised investigating agency with its own cadre of fulltime professionally qualified and specially trained investigators to be given the mandate to deal with crimes of like nature if at all there is some seriousness to eradicate the cancerous disease of corruption in public offices”.
“Moreover, the time has come to act against the officers/officials who have no respect for the rule of law and treat the public offices they hold as their private business places with plans and guts to execute crimes of every sort”, the court further said, adding “criminal justice delivery system has to be overhauled to a much more vibrant, responsive and effective in terms of costs as well as time and above all to have the requisite deterrent effect over one and all”.
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