Excelsior Correspondent
JAMMU, Feb 25: Numerous corruption and other cases, which were registered several years back by the two premier investigating agencies of the State——Vigilance Organization and Crime Branch, have yet not reached the logical conclusion for want of prosecution sanction and those involved in such cases continue to remain unpunished. Among those against whom no legal action could be taken till date because of slackness at different levels is former Food and Supplies Minister, Jagjeevan Lal.
According to the official data available with EXCELSIOR, case against Jagjeevan Lal was registered by the Vigilance Organization Jammu in the year 1989 for possessing disproportionate assets but the same has not reached the logical conclusion because of varied reasons.
Following intervention of the State High Court in a Public Interest Litigation seeking prosecution sanction in numerous cases, the Speaker Legislative Assembly vide Order No.LA-8400-04/Adm/2012 dated September 5, 2012 accorded sanction for prosecution. However, the same was not entertained by the Court of Special Judge, Anticorruption Jammu vide its order dated May 15, 2013 on the grounds that the same was not accorded by the competent authority.
The case was processed and with the approval of the authorities some documents were sought from Vigilance Organization on November 25, 2013 which are still awaited.
In the year 1998 Crime Branch Kashmir registered a case against Ghulam Mohammad Khan, the then Treasury Officer, Kupwara for misappropriation of funds. The case was referred to the General Administration Department on May 31, 2013 for accord of prosecution sanction.
However, the same is still awaited as some clarifications, which were sought by the GAD have not been provided by the Crime Branch despite issuance of several reminders, latest on November 26, 2013.
Similarly, case against Imtiyaz Mahmood, the then Zonal Officer, Relief Zone-II Migrant, Nanak Nagar was registered in the year 2011 at Police Station Crime Branch Jammu for misappropriation of funds. However, clarifications sought by the GAD from the Crime Branch have not been furnished till date despite latest reminder on January 2, 2014.
In a case registered in 2012 against Shahnaz Ahmad Dar, the then AE Contractual SSA Budgam, the GAD, which had received the case in September 2, 2013, had sought some documents from the School Education Department. However, the same have not been furnished till date.
Parshotam Kumar Sharma, the then VLC in the Rural Development Department, Thathri, who was booked by the Vigilance Organization in the year 2007 for possessing assets disproportionate to his known source of income, still remains unpunished in the absence of prosecution sanction. In this case, the GAD had sought some relevant documents and clarifications from the Vigilance Organization vide letter dated December 11, 2013 followed by reminder on January 2, 2014 but the same are still awaited.
Similar is the fate of cases registered against the then Patwari Halqa Zewan namely Mohammad Altaf Khan and the then Complier District Fund Officer Ganderbal namely Ghulam Ahmad Shah, who were nabbed in trap case as Vigilance Organization has failed to submit documents sought by the GAD.
According to the official document, prosecution sanction has also been awaited in case of illegal felling and smuggling of timber on fake and forged documents registered in the year 2007 by the Vigilance Organization Kashmir against Reyaz Anwar Massodi, the then Forest Range Officer, Rajwar, Rafiq Ahmed Shah, the then Forest Ranger Officer, Rajwar, Gh Mohiuddin Bhat and Farooq Ahmed Lone, the then BOs of Handwara town.
The case registered in the year 2001 against Mohammad Yousaf Baba, Mohammad Afzal Dar, the then Managers-II, State Cooperative Bank Ganderbal and Abdul Hamid Rather, the then Clerk, State Cooperative Bank Ganderbal was referred to the Chairman, J&K Bank on July 7, 2008 followed by several reminders latest on December 20, 2013 but the prosecution sanction has not been accorded till date. These officers had sanctioned loan in respect of non-existent persons fraudulently.
Similarly, case against Sheikh Saleem and Saad Parveez, the then Lecturers in Department of Mech Engineering in NIT Srinagar was referred to the Director, NIT on December 12, 2012 followed by numerous reminders latest on January 30, 2013 but prosecution sanction has not been accorded. The case against these Lecturers was registered in the year 2005 for misappropriation of funds.
The officers against who prosecution sanction is awaited from Jammu and Kashmir State Forest Corporation, General Manager, FCI Srinagar and Housing and Urban Development Department are Ghulam Nabi, the then Divisional Forest Officer, Special Forestry Kathua, Arshad Rehman Mughal, the then Divisional Manager, SFC Jammu, Chander Gupt Raina, the then Supervisor, SFC Bhaderwah, Parvez Tasadiq Malik, the then Supervisor SFC Bhaderwah, Sukh Raj Padha, the then Supervisor SFC Bhaderwah, Javed Iqbal Wani, the then Supervisor SFC, Mukund Ballabh, the then Junior Accounts Officer SFC; Ghulam Rasool Sofi, the then Ancillary Labourer, FCI Godown Sheikhpora Budgam; Shabir Ahmad Wani, the then Executive Officer, Municipal Committee, Pampore, Farooq Ahmad Bhat, the then Executive Officer Municipal Committee Pampore, Abdul Rashid Peer, the then Secretary MC Pampore and Abdul Majid Bhat, the then Khilafwarzi Assistant.
According to the sources, there was no justification for unending wait for prosecution sanctions in the light of Supreme Court of India judgment in Subramanian Swamy Versus Dr Manmohan Singh and Others case whereby it has been held that if no communication comes from the sanctioning authority within a period of 90 days it is considered as deemed sanction.
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