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| DB issues directions in PIL seeking prosecution of IAS/KAS officers in corruption cases | | | Et Report
Jammu, Sept 4 : In much publicized Public Interest Litigation (PIL) seeking prosecution of senior bureaucrats of the J&K who are allegedly involved in corruption cases, Division Bench of State High Court comprising Chief Justice MM Kumar and Justice Hasnain Massodi today issued various directions regarding the sanction of various officers of IAS/IFS and others who are allegedly involved in corruption case.
According to the previous order issued by the Division Bench for forwarding the case of Baseer Ahmed Khan IAS (presently Deputy Commissioner Kishtwar) regarding sanction for prosecution in much publicized Gulmarg Land scam to the Union of India. ASGI KK Pangotra has placed on record a copy of order dated August 21, 2013, it reveals that Ministry of Personal Public Grievances and Pension has approved sanction for prosecution of the officer u/s 6 of prevention of corruption act 2006 and for initiation of further necessary action.
The department has also solicited a charge-sheet from the state filed against the officer in the court of Competent Jurisdiction.
The DB observed that order dated August 28, 2012 had been complied with and further steps be taken to prosecute the officer. No order of this Court shall stand in the way of further proceedings which have already been initiated against the Baseer Ahmed Khan IAS.
The DB after hearing Advocate SS Ahmed appearing for the PIL said that there is an officer namely Mohammad Yousuf Bhat who is involved in much publicized Electrification Scam of Panchayat Ghars of district Anantnag.
"The sanction for prosecution has been accorded by GAD on May 10, 2012 but he challenged FIR in proceedings u/s 561-A which are pending before this Court and there is stay order prohibiting the prosecution to the present the challan" the court observed.
Senior Adv Gagan Basotra appearing for the state stated that according to the judgment of Apex Court, the continuation of stay order after presentation of challan, is impressible in corruption case and therefore necessary steps for vacation of order passed by Court are required to be taken. The DB directed that the status report shall be filed within four weeks.
Similarly in case FIR NO 38/39 of 2003 at P/S VOK the name of one Faoorq Ahmed Geelani IFS has figured but as per status report filed the Ministry of the Forest that an interim direction of status-quo passed by the Writ Court, Division Bench directed Sr. AAG Gagan Basotra shall also take necessary steps for modification/vacation of the said order.
The cases of three officers namely Farooq Ahmed Geelani, Ajaz Ahmed Bhat and Abdul Gani Hajam are also pending consideration of Union of India, but sanction has not been accorded till date which is pending since March 20, 2012.
The DB directed ASGI KK Pangotra shall take up the matter with the concerned Ministry and file status report within four weeks. In so far as Farooq Ahmed Geelani's case is concerned, ASGI KK Pangotra states that sanction has in fact been accorded but it was withheld in terms of interim directions issued by Court which was sought to be implemented by filling contempt petition. Court directed Sr. AAG to take steps for vacation of stay order. The DB further directed that any deficiency pointed out by the Ministry of forest, Govt of India must be provided to Forest Department GOI within two weeks. ( JNF ) |
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