Excelsior Correspondent
JAMMU, Dec 28: Initiating regular enquiry into the allegations of amassing wealth disproportionate to known sources of income, State Accountability Commission (SAC) comprising Chairperson Justice (retd) Y P Nargotra and Member Justice (retd) Hakim Imtiyaz Hussain has issued notice to former Health Minister, Suman Lata.
The notice was issued in a complaint filed by one Vivek Bharti mentioning that former Health Minister has amassed wealth by misusing her official position and created immovable property disproportionate to her known sources of income.
In the complaint it has been mentioned that Suman Lata Bhagat is the sole trustee of Bhagat Chajju Ram Charitable Trust created through an instrument of Trust Deed executed on October 24, 2005 by one Ganga Dutt, son of late Rishi Ram of Old Rehari with a corpus fund of just Rs one lakh. The object of the Trust is to serve the weaker sections of the society by providing them education and other avenues of livelihood including monetary help and shelters in the form of Old-Age Homes, Orphanage and Home for Blind Persons etc.
The first allegation against Suman Lata is that the Trust of which she is the sole trustee purchased a piece of land measuring 7.9 kanal from the Jammu Development Authority for a consideration of Rs 39.50 lakh in the year 2007 and premium amount paid for the land had not come from any lawful source.
The respondent herself also has not disputed the fact in her comments. However, about the money paid for the land to the JDA she has claimed that Trust raised 80% of the amount from loans. Thus, according to the respondent, the Trust had taken loan for raising an amount of about Rs 32 lakh. From which person or institution, such loan was taken has not been disclosed. The respondent has filed copy of the Income Tax record of the Trust, which includes statements for each of the financial year relating to the income and expenditure of the Trust and balance sheets from the year 2007 up to 31st of March 2011.
From the perusal of the income and expenditure statements for the period ending March 31, 2010 and the balance sheets it transpires that a donation of Rs 1,80,000 was received by the Trust whereas the income of the Trust from Bank interest was Rs 13061. Out of the amount of Rs 1,93,061, Rs 1,60,000 were spent for purchasing some land. From whom the land was purchased has not been disclosed and for what purpose it was purchased has also not been specified.
Like-wise in the year ending 31st March 2011 a donation of Rs 27,84,400 has been shown. However, who gave that money in donation to the Trust is not known. However, from the balance sheet it transpires that another amount of Rs 4,930,700 was spent on purchase of another piece of land. How much is the land and from whom it has been purchased and how it was utilized has also not been indicated by the respondent.
It appears that the main function of the trust of which the respondent is the sole trustee was to create immovable property. The balance sheet of the year 2011 indicates that a sum of Rs 5 lakh was taken on loan from M/s J K Associates and a sum of Rs 27 lakh from Guru Institute as un-secured loans. It is curious to note that a Trust created with a corpus of just Rs one lakh in 2005 was able to purchase lands for more than half a crore whereas no activity from which the Trust could have earned any substantial amount of money is shown to have been carried out and nothing seems to have been spent for the welfare of the envisaged beneficiaries by the Trust, SAC observed.
M/s Guru Institute from which loan of Rs 27 lakh was shown to have been raised is the institute, which according to the complainant and not denied by the respondent, is being run by her own son.
“It seems that under the garb of running a Trust black-money earned by use of unlawful means was being channelized by investing the same in the purchase of plots and lands. Whether the respondent used her position in the Government for obtaining the lease of the land for the Trust from JDA is another question asking for an answer”, the SAC said.
The next allegation relates to granting of Indian made Foreign Liquor Licence. It has been alleged in the complaint that an excise license of Indian Made Foreign Liquor (IMFL) was issued in the name of Neeraj Behal, son of Sooraj Prakash of Shastri Nagar, who happens to be the real son of Suman Lata Bhagat, vide Excise Licence No. JKEL-6/Exc./4931-32 dated January 19, 2005 and the license and the land allotted to him by the District Industries Centre, Jammu measuring 6 kanal in Bari Brahmana area vide Reg No. 07/04/21922 (Prov) dated 08-02-2005 for establishing the IMFL unit, has been sold for approximately more than one crore of rupees.
The third allegation relates to the opening up of Guru Institute of Para-medical Sciences by the son of the respondent or by the Trust of which the respondent is the sole trustee. It has been alleged that payment of taxes has been evaded. “So far as the evasion of taxes is concerned the same is beyond the jurisdiction of the Commission but it is within the competence of the Commission to examine the question whether the rules for granting permission for opening up the institute were followed in the case of Guru Institute of Para-Medical Sciences”, the SAC said.
Fourth allegation levelled against the respondent is that she has encroached upon and purchased more than 400 kanal of land out of which some land is in the name of her son Vikas Behl. “Since the respondent is the sole trustee the question as to how much land has been purchased, for what purpose it has been purchased and from where the money came for purchasing the land are the questions, which need answers. It is also relevant to see as to how much property stands acquired by her son during the period she was the public functionary”, SAC said.
Fifth and last allegation made against the respondent relates to the conferring of undue benefit upon the candidates by illegally nominating them for the AMT Para-medical Course. As per the rules/ administrative orders in vogue at that time the seats available in AMT School, Srinagar could be filled up to 80% through selection and 20% by nomination by Chief Minister/ Minister Incharge, Health and Medical Education.
The respondent in the capacity of Minister In charge Health and Medical Education nominated candidates much in excess of the permissible limit.
Finding the allegations prima facie substantiated against Suman Lata Bhagat and justifying a regular inquiry in terms of Section 13 of the J&K Accountability Commission Act 2002, the Chairperson Justice (retd) Y P Nargotra and Member Justice (retd) Hakim Imtiyaz Hussain directed the office to register the complaint for regular inquiry and issue notice to the respondent for presenting her defence.
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