Excelsior Correspondent
Srinagar, Oct 19: The High Court while hearing a Public Interest Litigation with regard to filing of false and bogus litigation against the business fraternity in various South Kashmir courts, has directed the Registrar Vigilance of High Court to report about those cases which have been filed against the non residents of the State.
The Division Bench of Chief Justice Gita Mittal and Justice Rashid Ali Dar before issuing notice to the State Government on the issue has sought a report from Registrar Vigilance indicating there-in the details of cases which have been registered against the persons who are not residents of the State and have been implicated in criminal cases in South Kashmir.
Petitioner Bal Kishan Gupta of New Delhi submitted that the top level business fraternity of the country is being involved for extortion of money by way of filing of frivolous and bogus litigation in the courts of law leading to creation of an extortion racket by abuse of the process of criminal law.
He submitted that on the basis of the media reports, he came to know about the commission of and unfurling of events with respect to the South Kashmir pertaining to the running up of a racket wherein the police, bureaucrats and the involvement of the politicians can not be ruled out.
“…the said organized crime involved huge monetary transactions and the money could be used for any activity including the terrorists activities within the domain of Union of India”, read the PIL adding “…the cases are being filed against the non-State subjects at the hands of some of the locals operating within the jurisdiction of Anantnag, Kulgam districts and Qazigund”.
Court after these facts and submissions made by the petitioner counsel directed the Registrar Vigilance to file the report providing full details including the particulars of the litigants and the offences for which they have been implicated and directed him to file such report before next date of hearing in the matter.
Court has been informed that most of the complaints have been preferred by the Power of Attorney holders acting for and on behalf of a fraudulent Company known as ‘Host Finance & Investment Pvt Ltd” by two persons Sania Fayaz and Lubna Bashir, who are working on the instructions of one Pankaj Jain, who claims to be the Director of the Company.
“The idea of filing such complaints is to extort money from the business people by taking recourse to the security situation in the valley of Kashmir”. Petitioner Gupta submitted that on the directions of Inspector General of Police Kashmir zone, a case FIR No. 69/2019 has been registered at the Police Station Anantnag on May 30 under sections Ranbir Penal Code 420, 467 and 468 and the investigation of the FIR has been entrusted to the Special Investigation Team he added by Deputy Superintendent of Police.
During the investigation of the FIR, it is said that a very well knit racket is being run within the State more particularly in the areas of South Kashmir including district Anantnag, Kulgam, Bijbehara and Qazigund under the patronage of some of the high level police officers and other officers of the State including the politicians.
It is submitted that numerous cases have been filed by the such persons in various courts, which eventually have led to settlement by means of extortion and as a result thereof many of the innocent people from across the country have been duped by these persons by misusing the law enforcing machinery.
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