PIL seek prosecution of senior officers in corruption cases
Excelsior Correspondent
JAMMU, June 16: In the much publicized Public Interest Litigation (PIL) seeking prosecution of senior IAS/IFS/KAS officers involved in the corruption cases, Division Bench of State High Court comprising Chief Justice M M Kumar and Justice J P Singh issued notice to the Chief Minister, Chief Secretary, Secretary Union Ministry of Home Affairs, Secretary Union Ministry of Personnel and Training, Commissioner Secretaries of General Administration, Law, Housing and Urban Development and Social Welfare Departments and Commissioner of Vigilance Organization. ASGI K K Pangotra accepted the notices on behalf of Union of India and AAG Gagan Basotra accepted the notices for Chief Minister and other State functionaries.
After going through the status report filed by Commissioner Secretary GAD, the Division Bench expressed deep concern over delay in according sanction by the State Government and Government of India for the prosecution of the IAS/IFS/KAS officers involved in the corruption cases.
“The perusal of the office report reveals that there are number of officers, who are prima-facie found guilty and against whom cases have been made out by the State Vigilance Organization. The authorities have themselves placed reliance on a judgment of Apex Court in case Dr Subramanian Swamy Vs Dr Manmohan Singh and another”, the DB observed.
“The respondents shall show cause as to why there is delay in according sanction for prosecution against the officers, who have been named by the petitioners as well as in the status report. The needful shall be done within four weeks”, the DB said. Keeping in view the public interest involved in the PIL, the DB directed the Registry to list the same in the week commencing from August 6, 2012.
In the status report filed by Commissioner Secretary GAD through AAG Gagan Basotra in the PIL filed by Sheikh Mohd Shafi, son of former Member Parliament Sheikh Abdul Rehman and Prof SK Bhalla, a social activist through Advocate Sheikh Shakeel Ahmad, it has been pointed out that out of 21 cases, 12 cases are presently under examination of the Government, seven cases have been referred for grant of prosecution sanction to the competent authorities and in one case prosecution sanction was not required against two officers as they had retired and the High Court had quashed the FIR on November 4, 2011. In one case prosecution sanction has been issued on June 6, 2011 by Housing and Urban Development Department in respect of in-service accused officers.
According to the status report in FIR No 38/2003 and FIR No 39/2003 registered against Farooq Ahmed Geelani (IFS), Chief Executive Officer IWDP Rambiara and others, the cases were referred to the Union Ministry of Environment and Forests on March 20, 2012 for grant of sanction.
In FIR No 19/2008 registered against Ajaz Ahmed (IFS) Managing Director, State Forest Corporation and Abdul Gani Hajam (IFS), then GM North SFC, the case was referred to the Union Ministry of Environment and Forest on June 22, 2011. Similarly, in FIR No 9/1989 relating to disproportionate assets case registered against Jagjeevan Lal, former Minister, the case was referred for sanction to the Assembly Secretariat on September 12, 2007.
In FIR No 10/2009 (trap case) registered against Ghulam Rasool Sofi, then Ancillary Labour FCI Godown, Sheikhpura Budgam, the case was sent to General Manager FCI, Jammu on October 9, 2009. In FIR No 12/2010 (trap case) against Mohd Maqbool Dar, then Manager SIDCO, the case was referred to MD SIDCO on November 15, 2010. In FIR No 4/2008 (alleged purchase of job cards on exorbitant rates) registered against Bashir Ahmed Wani, then ACD Kupwara, PK Sethi, then Divisional Manager SICOP Kashmir, M Y Ahanger, then Financial Advisor (M) SICOP, Shujat Ali Chala, then Junior Assistant SICOP, Syed Sibus Syedian, then Marketing Manager SICOP, Altaf Hussain Joo, then Deputy Financial Advisor SICOP, Mohd Akbar Lone, then District Manager SICOP Kupwara, Mohd Yousaf, then Marketing Manager SICOP Srinagar, the prosecution of B A Wani, then ACD Kupwara was declined and departmental action recommended.
As far as employees of SICOP management were concerned, the case was referred to Industries and Commerce Department/ MD SICOP. In FIR No 21/2006 (alleged illegal appointments) registered against Mohinder Singh (IAS), then Director Local Bodies, Jammu (now retired), Avtar Krishan Raina ( IAS), then Director Local Bodies Jammu, Kartar Singh, then Administrator NAC Katra (now retired), Sham Lal Sharma, then Administrator NAC Katra (now retired), Ravi Kumar Sharma, then Executive Officer Municipal Committee Katra, Jagdish Raj Sharma, then Administrator NAC Katra (now Dy Director Local Bodies, Jammu), the prior sanction for prosecution was not required in respect of retired officers. However, prosecution sanction was accorded by the Housing and Urban Development Department in respect of in-service officers.
In FIR No 22/09 (illegal appointment in SWD Doda) registered against Babu Ram (KAS), then CDPO Social Welfare Department Doda (presently Joint Commissioner Jammu Municipal Corporation), the representation of the officer was referred to Social Welfare Department on October 12, 2011 for comments and information is still awaited.
In FIR No 18/2005 (rural electrification scam) registered against Syed Asgar Ali (IAS) then Director RDD Kashmir (prematurely retired), Zaffar Altaf, then BDO Wagoora, Showkat Ahmed Sheikh, then BDO Tangmarg, Bashir Ahmed Hakim (Hajam), then BDO Baramulla, Abdul Rouf Banihali, then BDO Singhpora (Baramulla), Fayaz Ahmed Bhat, then BDO Sumbal, Shafiq Hussain Sofi, then BDO Hajin, Nazir Ahmed Lone, BDO Rohama, Hakim Tanveer Ahmed, then BDO Zanagir, Ali Mohd Rahi (Bhat), then BDO Rafiabad, Ali Mohd Dar, then BDO Boniyar, Ghulam Hassan Rather, then BDO Hajin, Fayaz Ahmed Bay-Haqi, then BDO Kunzer and Mir Munawer Ahmed, then BDO Pattan, the case has been processed for orders of the competent authority.
According to the status report in FIR No 8/2009 (infamous Gulmarg land scam) registered against Mehboob Iqbal (IAS) then Divisional Commissioner Kashmir (now retired) and Baseer Ahmed Khan (IAS), then Deputy Commissioner Baramulla (presently Deputy Commissioner Srinagar), the case has been processed for orders of the competent authority. Since Mehboob Iqbal superannuated from services in November 2011 as such prior sanction was not required in his case.
In FIR No 17/2010 (assets case) registered against Ghulam Hassan Wani (KAS), Joint Registrar Cooperative (Audit) Kashmir, the case has been processed after receiving the requisite case diary on May 22, 2012 and is presently under examination. In FIR No 19/2005 (electrification of panchayat ghar scam) registered against Ali Mohammad Ganaie, then Treasury Officer Baramulla. Ali Mohammad Rahi, then BDO, Rafiabad Hakim Tanveer Ahmad, then BDO Sopore, Nazir Ahmad Lone, then BDO Rohama, Ali Mohammad Dar, then BDO Boniyar, Mir Munawar Ahmad, then BDO Pattan, Showkat Ahmed Sheikh, then BDO Tangmarg, Fayaz Ahmed Bhat, then BDO Kunger, Fayaz Ahmed Bhat, then BDO Sumbal, Bashir Ahmed Hakim, then BDO Baramulla, Mushtaq Ahmed Beig, then BDO Wagoora, Shafiq Hussain Sofi, then BDI Bandipora, Ab Rouf Banihali, then BDO Singhpora, the case has been processed for orders of the competent authority.
In FIR No 27/2009 (misappropriation of funds on account of expenditure incurred for participation in carpet oasis fair-2005 at Dubai, UAE) registered against Showkat Ali Wani, then MD Handicrafts (S&E) Corporation, Ghulam Hassan Shalla, then Manager Kashmir, Govt Arts Emporium New-Delhi (presently retired), Mohd Ashraf Shalla, then Assistant Manager, J&K Handicrafts Corporation, the representation of Showkat Ali Wani was referred to Industries and Commerce Department on September 21, 2011 and the comments are still awaited.
In FIR No 14/2008 registered against Tilak Raj Bhagat, then XEn PWD (R&B) Kathua, the case diary was sought from Vigilance Commissioner on January 19, 2012 and is still awaited. In FIR No 14/2007 (assets case) registered against Nazir Ahmed Choudhary, then AEE in TLDC-1 Panama Chowk Jammu, the Commissioner of Vigilance was requested on February 16, 2012 to furnish comments on the representation of the accused officer, which are still awaited.
In FIR No 2/2007 registered against Puran Bharat Gandhi, then XEn PWD and D V Koul, then XEn PWD, the case was referred back to SVO on May 14, 2012 for clarification regarding certain issues pertaining to the facts of the case. In FIR No 15/2010 (assets case) registered against Mohd Bashir, then Tehsildar Jammu and Hamida Begum, then teacher, the Commissioner of Vigilance was requested on March 9, 2012 to get interim stay vacated/modified from the High Court passed in his writ petition.
In FIR No 19/2009 registered against Ghulam Hyder Bhat, then Director Agriculture Kashmir (now retired) and others, copies of questionnaire and reply furnished by the accused were sought from SVO on May 11, 2012 and the same are still awaited. In FIR No 24/2008 registered against Showkat Hussain Wani, then District Agriculture Officer (Inputs) Kupwara and others, the case has been processed for orders of the competent authority.
Follow our WhatsApp channel