Court directs further investigation in DA Case - Early Times Newspaper Jammu Kashmir

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Court directs further investigation in DA Case

ACB files closure report after 22 years

10/18/2019 10:12:16 PM

Early Times Report

JAMMU, Oct 18: In much publicized disproportionate assets case against Deputy Director Food & Supplies registered by then Vigilance Organization Kashmir now Anti-corruption Bureau, the closure report was filed.
Additional Special Judge Anticorruption Kashmir RN Wattal after considering the closure report observed that matter requires further investigation in light of the points raised in order. Same therefore, compels this court not to accept the final report and same is accordingly returned to SSP VOK in terms of section 173 (8) of CrPC for further investigation of the case with the direction to the SSP VOK to get the matter investigated by an officer not below the rank of DySP and conclude the investigation within a period of three months from the receipt of this report.
The final report owes its origin to the FIR No. 88/1997 offence u/s 5(2) PC Act registered on written complaint lodged by General Secretary Peoples Welfare Forum against Shabir Ahmad Kanth the then Deputy Director (Admn) Food and Supplies Department Kashmir having misappropriated huge amount of government money by corrupt and illegal means in league with Mohammad Ashraf Shantoo Assistant Director, Iftikhar Banday, Additional Director Ghulam Nabi Shigan, A.A.O Mehraj-ud-din Khan Transport Officer, Khursheed Alam and Fayaz Ahmad Store Keepers of Food and Supplies Department and also having accumulated huge assets disproportionate to his known source of income in shape of 60 kanals of land that include 10 kanals at Bye-pass and 50 kanals at Hazratbal and bank accounts/deposits outside state at Delhi and Bangalore.
It is also alleged that accused was a partner of Shamiyana Restaurant at Boulevard at Srinagar, and also purchased Bungalows at Greater Kailash Delhi, Gandhi Nagar Jammu. It is also alleged that Deputy Director concerned in league with other staff members sold the food grains in black market and also fixed rates of transporters on higher side. Further it is alleged that the FCI was sending hundred to two hundred trucks of food grains on daily basis to valley and only 60% of these food grains used to reach valley and 40% of out of the same was being sold in black market. About 30 lacks of gunny bags were sold by the accused by taking recourse to fire incident at Gulab Bagh Godown.
The investigation commenced and during investigation statements of witnesses were recorded. It is observed in the report that the allegations being multifarious constrained the investigating agency to investigate the matter outside the State and restricted itself only to the receipt and dispatch of the food grains. It also transpires from the final report that assets of accused were verified from revenue agencies and allegations were found baseless. As regards the bank accounts outside in Delhi and Bangalore same could not be verified. The accused was not found the partner of the Shamiyana Restaurant and misappropriation of the 50% of the food grains was found to be wrong. In the operative part of report it reveals that the allegations in the FIR were not substantiated and investigation in the case was closed as not proved.
Court observed that the complications involved in the investigations of the case with multifaceted allegations and its ramifications outside the state constrained the investigating agency to restrict investigation to the checking of receipt and dispatch of food grains only." Additional Sessions Judge Anticorruption Kashmir RN Wattal observed that the casual and mechanical way of investigation is obvious and crystal clear from the observation of I.O in the final report itself. Multifaceted allegations though a challenge does not construe and impediment in the investigation of the case. It was not a big thing for VOK being a prime and professional investigating agency in corruption cases in the State. Moreover, what could have been ramifications in the investigating the case outside the State does not transpire from the report. Same is an exhibition of lame excuse with a conscious mind that can lead to an adverse inference. Another aspect of the case is that property of the accused that he was having during check period has not been investigated thoroughly as the report is silent about the same. The property in the shape of residential buildings in Delhi, Bangalore and Jammu that the accused was having has not been investigated as the final report is silent about the same. The allegations against other officers have not been thoroughly investigated as it revealed from final report and send back to ACB for further investigation. (JNF)

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