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| HC dismisses plea seeking quashment of FIR against Taj Moh-ud-Din, others | | | Early Times Report
Srinagar, May 8: The State High Court on Tuesday rejected a plea seeking its directions to quash an FIR registered against former minister and senior Congress leader Taj-Moh-ud-Din and various state officials by the vigilance organization in connection with the land at Shopian.
As per the facts stated in the petition filed by Assistant Commissioner (Revenue) Hafizullah Shah and other public servants, Taj-Moh-ud-Din who had been a cabinet minister of the State twice and an eminent leader of Congress party approached concerned Tehsildar with an application for vesting of ownership rights with respect to land measuring 13 kanal 16 marlas at Sedow, Shopian in terms of the Jammu & Kashmir State Lands (Vesting of Ownership to Occupants) Act, 2001.
The petitioners said that the opponents of Taj-Mohi-ud-Din in a bid to defame Taj got an item published local daily on 20 January 2011 in which it was alleged that the then cabinet minister had encroached upon forest land in connivance with the officials of the revenue department and had illegally got the ownership rights qua the forest land conferred upon him.
They stated that it was only in August, 2016 an FIR bearing No.18/2016 came to be registered under various provisions of the Jammu & Kashmir Prevention of Corruption Act and Section 120-B RPC against them and the minister.
Seeking quashing of the FIR, They said that it has been lodged with mala fide intention of defaming and harming the ex-minister by his rivals and in the process the petitioners too have been unnecessarily and without any basis dragged in.
The government controverted the claims made by the petitioners , stating that the FIR was registered only after the allegations with regard to the encroachment of forest land at Sedow, Shopian adjacent to world famous tourist spot at Aharabal were found substantiated in preliminary verification conducted by the Vigilance Organization.and the revenue officials i.e. the then Deputy Commissioner, Shopian Mohd. Ramzan Thakur, Additional Deputy Commissioner Mohd. Yousuf Zargar, Assistant Commissioner (Revenue) Hafizullah Shah and the then Tehsildar, Shopian Gh. Hassan Rather in connivance with each other and also the beneficiary had abused their official position and had illegally conferred ownership rights upon the beneficiary over the forest land.
After considering the submissions made by the counsel for the parties and perusal of the record, the a bench of Justice Sanjeev Kumar observed that allegations against the petitioners are serious in nature and the same pertain to conferring ownership rights of forest land in favour of a very influential person by abusing the powers conferred upon the petitioners under the provisions of the Act of 2001. The allegations contained in the FIR do prima facie make out a case for investigation and thorough probe, the court said. |
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