Excelsior Correspondent
JAMMU, Nov 22: High Court has refused to quash preliminary verification of Anti-Corruption Bureau against the lady KAS officer in Disproportionate Assets (DA) case.
A petition was filed by woman KAS officer, the then BDO Singhpora Pattan in district Baramulla before High Court on 28-08-2022 alleging therein that the Enquiry Officer—DySP and SP ACB North Kashmir were harassing her since 2018 and she had prayed that proceeding initiated against her by ACB in Verification No. 09/2022 for possessing disproportionate assets are not as per laid down law and may be quashed.
On 28-08-2022 High Court directed respondents not to undertake any further verification in respect of the complaint which is the subject matter of the this petition and they shall also furnish the status report relating to the verification conducted so far.
On 30.09.2022, a detailed status report was filed by the Superintendent of Police ACB North Kashmir through AAG Asifa Padroo, in which it was submitted that the woman KAS officer has accumulated property worth crores of rupees within short span of her service of 10 years by indulging in corrupt practices in connivance with one class 4th employee of CAPD Department namely Mohd Shafi Rather. She was also placed under suspension by Government for excess withdrawal of MGNREGA funds when she was posted in district Baramulla.
It was further submitted that the preliminary probe conducted so far shows that her bank accounts have huge suspicious cash deposits and huge investments in Benami properties which are being thoroughly probed and instead of explaining source from which she raised these assets of crores of rupees she resorted to false concocted allegations of sexual harassment against officers of ACB just to impede the investigations.
It was also submitted that ACB had received about six different complaints against petitioner lady KAS officer and other officers/officials of RDD Block Singhpora with different allegations. The complaints pertain to her postings in district Baramulla especially her posting as Assistant Director Food Baramulla, Block Development Officer Singhpora and her tenure as BDO Pattan.
The High Court had reserved judgment on September 30, 2022 and finally pronounced its order on 17-11-2022. High Court has observed, “Section 482 of the Code of Criminal Procedure, preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice”.
“The provision does not confer new powers. It only recognises and preserves powers which are inherent in the High Court. The High Court, while forming an opinion whether a criminal proceeding or complaint or FIR should be quashed in exercise of its jurisdiction under Section 482 CrPC must evaluate whether the ends of justice would justify the exercise of the inherent power”, Justice Vinod Chatterji Koul said, adding “while inherent power of the High Court has a wide ambit and plenitude, it has to be exercised to secure ends of justice or to prevent an abuse of the process of any court”.
“The instant petition, when looked from all angles, requires and demands full dress trial and examination of facts by this court as if it is in appeal and acting as an appellate court and to draw its own conclusion vis-à-vis impugned FIR, complaint and proceedings emanating therefrom”, Justice Koul said while dismissing the petition.
Follow our WhatsApp channel