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DB grants 4-weeks time to file compliance report
PIL seeking prosecution of IAS/KAS officers in corruption cases
10/1/2013 9:42:11 PM
Et Report

Jammu, Oct 1: In much publicized Public Interest Litigation (PIL) seeking prosecution of senior bureaucrats who are allegedly involved in corruption cases, Division Bench of High Court today granted four weeks time to State and Union of India for filling status report as per the order dated September 4, 2013. The order was passed by the DB comprising justice Virender Singh and Justice Janak Raj Kotwal after hearing advocate SS Ahmed appearing for the PIL, ASGI KK Pangotra for the Union of India and senior Additional Advocate General Gagan Basotra for the State.As per the earlier order, the High Court had directed the state and Union of India to file status report regarding 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 the Court and there is stay order prohibiting the prosecution to the present the challan. 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. 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 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. Earlier, the DB directed ASGI KK Pangotra shall take up the matter with the concerned Ministry and file status report within four weeks.
Insofar 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 directed issued by Court which was sought to be implemented by filling contempt petition. The court directed senior AAG to take steps for vacation of stay order. Earlier, the High Court directed that any deficiency pointed out by the Ministry of Forest, Govt of India must be provided to Forest Dept GOI within two weeks.
Today when the case was taken-up the no status report has been filed and seeking time to file status report, Division Bench granted four weeks time to file status report and directed Registry to list this PIL in the week commencing October 28, 2013. (JNF)
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