*Rs 2 lakh accepted for not arraying accused
Mohinder Verma
JAMMU, Mar 18: In a development, which makes it imperative to bring functioning of Prosecution Wing of Jammu and Kashmir Police under scanner, the State Vigilance Organization (SVO) has arrested a Senior Prosecuting Officer for demanding and accepting bribe of Rs 2 lakh for not arraying one person as accused in a murder case.
Moreover, this startling case has raised several questions vis-à-vis acquittals of accused in different FIRs particularly relating to heinous crimes and militancy as prosecution failure is generally held responsible for passing of such orders by the courts.
Sources told EXCELSIOR that in the year 2014 Darhal Police registered a case under Section 302 RPC (murder), 34 RPC (conspiracy) and 201 RPC (destruction of evidence) against one Mohd Iqbal, a resident of Panaid in Kotranka Tehsil of Rajouri district, his son and daughter.
The then Senior Prosecuting Officer in JMIC Court Thanamandi Ajaz Ul Hassan (presently Senior Prosecuting Officer Poonch) demanded and accepted an amount of Rs 2 lakh from Moulvi Mushtaq Ahmed for not arraying him as an accused in the case in which his father Mohd Iqbal, brother and sister were already behind the bars. The accused Senior Prosecuting Officer accepted the amount from Moulvi Mushtaq Ahmed in three installments.
After sometime, the Vigilance Organization Jammu received a complaint mentioning that Senior Prosecuting Officer has obtained bribe for helping one person in a murder case. Accordingly, an enquiry was started by the Vigilance Organization into the allegations mentioned in the complaint.
In the meanwhile, in order to hush up the matter the Senior Prosecuting Officer roped in some citizens of Panaid and on their intervention it was decided that the accused officer will return the money to Moulvi Mushtaq Ahmed. Even a part payment was made by the Senior Prosecuting Officer, sources said.
During the course of enquiry, the Vigilance Organization Jammu laid hands on solid proof establishing that Senior Prosecuting Officer returned some money to Moulvi Mushtaq Ahmed and this clearly substantiated the allegations contained in the complaint. After completion of enquiry, it was decided to put the Senior Prosecuting Officer behind the bars for indulging in corrupt practices.
However, on getting information about the plans of the Vigilance Organization Jammu the accused Senior Prosecuting Officer left Poonch few days back and booked a room in a hotel in Jammu to avoid his arrest. But his design was foiled by the alert sleuths of Vigilance Organization who conducted raid in the hotel and arrested him.
A case under different sections of Prevention of Corruption Act has been registered against him at Police Station Vigilance Organization Jammu and he will be put to questioning regarding his further involvement. “The possibility of similar acts by this Senior Prosecuting Officer in other cases cannot be ruled out”, sources said while disclosing that his arrest has sent a shock wave in the entire Police Department.
Questions are being raised about connivance of Prosecuting Officers in majority of acquittals of the accused persons in different cases, sources said, adding “no doubt entire Prosecution Wing cannot be put in the dock but this startling case has made it imperative for the Police Department to work out a mechanism to bring all Prosecuting Officers under the scanner as ignoring this development will be fraught with the danger of allowing the accused in different cases of crimes and even militancy related incidents to go scot free by conniving with the Prosecutors”.
It is pertinent to mention here that in large number of acquittals different courts have already passed strictures against the Prosecution Wing of the Police Department with the suggestions to the top brass of the department to reverse this trend so as to ensure punishment to the accused persons as per the nature of the crime committed by them.
“The present case should be an eye opener for the department and immediate steps should be taken to ensure that such incidents don’t take place in future”, sources stressed.
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