Excelsior Correspondent
JAMMU, July 7: Justice Bansi Lal Bhat of the State High Court, Jammu Wing today, in a significant order, directed Director, State Vigilance Organization, J&K and SSP, Vigilance Organi-zation Jammu to submit within two weeks the status of the preliminary enquiry initiated on petitioner’s complaint against Abdul Ghani Kohli, Minister for Transport.
The petitioner had alleged that the Minister had grabbed/ encroached upon more than 10 kanals of forest land in Khasra No.356 min situated at Nowabad (Sunjwan) in Jammu.
Justice Bansi Lal Bhat after hearing Ankur Sharma, petitioner in person, issued notices to the Commissioner/Secretary, General Administration Department, Director, State Vigilance Organization and SSP VOJ which were accepted by AAG P C Sharma.
The Court issued directions to the SVO to file the status of petitioner’s complaint within two weeks and also directed the Registry to list this matter for further consideration on July 23.
When the petition came up for hearing, the petitioner submitted before the Court towards his complaint dated June 16, 2015 which he had filed before Director SVO and SSP VOJ seeking registration of FIR under Section 5(2) J&K Prevention of Corruption Act against the sitting Cabinet Minister Abdul Ghani Kohli and officers/ officials of the Revenue/Forest Department for grabbing more than 10 Kanals of Forest land comprised in Khasra No.356 min situated at Nowabad (Sunjwan).
The petitioner vehemently argued that as per the directions of the Supreme Court in case titled Lalita Kumari V/s State of UP the Vigilance Organization was under a bounden obligation to register the FIR against the high profile Minister as his complaint discloses the commission of cognizable offences or in the alternative the SVO should have finalized the preliminary enquiry within seven days as prescribed by the apex court.
However, neither the FIR was registered nor the preliminary enquiry was finalized solely because of the reason that the accusations were directed against the high profile sitting Transport Minister of the State.
The petitioner further submitted that the Transport Minister has allegedly raised huge infrastructure on the Forest land in the shape of a B.Ed College, Paramedical Institute, Branch of J&K Bank Ltd. Along with an ATM and the SVO seems to be under pressure not to proceed against the sitting Minister as the officers of the SVO are accountable to the General Administration Department (GAD) being the servants of the State.
During the course of arguments, the petitioner pressed for the constant monitoring of the ongoing preliminary enquiry by the State High Court looking into the gravity of the allegations and the position enjoyed by the encroacher.
After considering the submissions of the petitioner-Ankur Sharma and AAG P C Sharma, Justice Bansi Lal Bhat observed that the petitioner is apprehensive of the probe getting derailed looking into the position enjoyed by A.G. Kohli and issued directions in the open court to the SVO to submit before the Court the status of the preliminary enquiry within two weeks and further directed the Registry to list this petition for further consideration on July 23.
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