Investigation pending in numerous FIRs during past many yrs
*Seeks answer from Home Secy, DGP, Director ACB
Excelsior Correspondent
JAMMU, July 22: Division Bench of High Court comprising Justice Rajesh Bindal and Justice Rajnesh Oswal today took serious note of inordinate delay in investigation in the FIRs registered long time back and sought answers from the Home Secretary, Director General of Police and Director Anti-Corruption Bureau.
While hearing the suo-moto Public Interest Litigation through virtual mode, the DB directed the Home Secretary, DGP and Director ACB to answer why investigation in these old FIRs with serious offences has not been completed till date and challan presented in court?
The DB also sought the names of the Investigating Officer(s) of the cases along with the present status of investigation. The DB further asked whether there is any system of monitoring of investigation in the FIRs registered? Whether there are any administrative instructions for taking action against the Investigating Officers, if they don’t complete investigation within the specified time?
Even the General Administration Department was directed to apprise the court about the departmental action taken against the Government employees involved in corruption matters and the status thereof. “If no such action was taken, the reason there for, whether any of the officer/official was placed under suspension on account of his involvement in a case under Prevention of Corruption Act and if yes, for how long? Whether employees involved in cases for serious offences were granted further promotions and other benefits and at that stage whether the factum of registration of FIR against them for serious offences was part of the note put up for consideration? How much of these employees are in service and working at which post and the post on which they were working when the FIR was registered”, the DB further asked.
When the PIL came-up for hearing, Division Bench observed that one of us (Justice Rajesh Bindal), while dealing with different types of cases assigned in the roaster came across the fact that in number of cases employees approach the court, close to their retirement, seeking benefits of their entire service. Some of them had been under suspension for years together but no charge sheet issued to them or the criminal cases registered against were not taken to logical conclusion. Some of those even were registered with serious offences such as under Prevention of Corruption Act.
After this, court had sought information from all the District Courts in the Union Territories of Jammu & Kashmir and Ladakh regarding the FIRs in which no challan has been presented by the investing agency.
“The information received is astonishing. While taking note of the same, a note was put up before the Chief Justice to take up this matter on judicial side in public interest. It is how the matter is before this court”, the DB said, adding “we need to seek response from the concerned authorities on the issue as to why investigating agencies are sleeping over the cases with serious allegations”.
As per the information received from the court of Special Judge Anti-corruption Jammu, there are FIRs starting from the year 1998 onwards under the Prevention of Corruption Act, where challans have not been presented till date. The allegations are of forgery, bribery, misuse of Government money, fictitious withdrawals from treasury, embezzlement of Government money, disbursement of loans without proper documents, allotment of works without tendering process, possession of assets disproportionate to known sources of income, fabrication of fictitious bills for purchase of transformers etc.
Besides allegations of corruption there are allegations under provisions of penal code also in most of the FIRs. Many of the accused named in the FIRs are Government officials. They may be either under suspension or may be getting all benefits despite pendency of criminal cases against them, the DB said, adding “the number of such FIRs in which challans have not been presented for different years in Anti-corruption Court at Jammu are 229. Out of these nine FIRs of 1998, four of 2000, three of 2001, four of 2002, five of 2003, two of 2005, one of 2006, ten of 2007, two of 2008, five of 2009, eight of 2010, eleven of 2011, twenty two of 2012, thirteen of 2013, 18 of 2014, 30 of 2015, 30 of 2016, 20 of 2017 and 29 of 2018 where as information from Srinagar is still awaited”.
In the details of FIRs registered for offences under Ranbir Penal Code at Jammu only, there are cases pending in which challans have not been presented for the last about a decade as the oldest one is pertaining to year 2011. Some of the FIRs pertains to offences for counterfeit currency or under the NDPS Act.
“Similarly in other districts also there are FIRs registered under RPC or other statutes, in which for more than a decade, challans have not been presented. In some of the FIRs allegations are quite serious”, the DB observed, adding “there are time lines provided in CrPC and NDPS Act for presentation of challans, otherwise an accused is entitled to default bail. Any delay by the Investigating Agency in not completing investigation of the cases registered is seriously impacting the justice delivery system as the guilty are not being brought to court for trial even after decades of registration of cases against them”.
“At this stage we don’t want to comment on the reasons there for, hence, deem it appropriate to seeks response from the concerned authorities in the Union Territory of Jammu & Kashmir for the present”, the DB said.
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