Excelsior Correspondent
SRINAGAR, Dec 3: The High Court today restrained the Anti-Corruption Bureau (ACB) from submitting the challan for charges of corruption against 37 employees of Agriculture Department on the ground that the process of procedure under law has not been followed by ACB.
The FIR No. 23 registered on November 2011 against these employees by the ACB for execution of work on farm ponds as sanctioned by the Government under Natural Resources Management component in the year 2009.
“Meanwhile till next date of hearing, challan in FIR no. 23/2011 dated: 29.11.2011 registered with ACB shall not be presented before the court without permission of this court”, directed Justice Rajnesh Oswal after hearing the petitioners’ counsel Arif Sikandar. Court also issued notice to Commissioner Secretaries of GAD, Agriculture and Production Department, Ministry of Agriculture National Resources Management Division and Senior Superintendent of Police ACB for filing of reply to the contentions raised by the petitioners in their petition.
Advocate Sikander submitted before the Court that once ACB has information related to commission of an offence, it has two options for follow the procedure of law for registering of FIR.
He added that if the ACB is satisfied that the cognizable offence is made out from the information then FIR is to be registered straight away and secondly ACB has the option that if non cognizable offence is made out, then preliminary enquiry may be conducted in the matter and on completion of enquiry the agency after satisfaction can register FIR or close the complaint.
He informed the court that after receiving the complaint in the present case, the bare perusal of the FIR manifestly illustrates that enquiry has been conducted only for 7 days and if enquiry enters into 8th day then it will amount to the investigation in the case and investigation prior to the registration of FIR is permissible as such FIR is liable to be quashed.
He also argued that during the course investigation it was manifestly clear that the ACB has not sought approval of Vigilance Commission before registration of FIR as per vigilance rules.
Referring the guidelines of Government of India over the execution of work, advocate Sikander submitted that the same has been executed as per the operational guidelines and Government orders and no case is made out against the petitioners.
Court has been informed that there is inordinate delay of 8 years even for commencement of the trial, so far as the petitioner are concerned there is a gross infringement of Article 21 of the Constitution on this count of inordinate delay for commencement of trial.
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