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| Court awards one year RI to then Custodian Jammu, Patwari | | Issues warrants of arrest against absconding accused | |
Early Times Report
Jammu, Mar25- Deciding three cases regarding allotment of land on forged affidavit, Special Judge Anticorruption Jammu BL Bhat today awarded one year rigorous imprisonment and fine of Rs 10000 under Prevention of Corruption Act and six months RI and fine of Rs 5000 u/s 120-B RPC against the then custodian Haji Abdul Majid and then Patwari Fazal Din Halqa Birpur Jammu in each case and ordered that warrants u/s 512 Cr PC are enforced against absconding accused namely Gurcharan Singh, Darshan Singh and Mathura Kour.
In his 35- page common judgment passed in three cases, Special Judge Anticorruption, after hearing CPO Purshtom Sharma appearing for the VOJ and Counsels for the accused persons, observed that it is shocking that the Custodian exercising powers as Provincial Rehabilitation Officer Jammu played truant with the statute, by canceling allotment of Evacuee land in favour of bonafide displaced persons of 1947 haling from POK. Custodian in connivance with the Patwari deprived the legal heirs of deceased Dheru, Chuni Lal, Sadhoo and Amir Chand of their rights in the EP land under their occupation and vested such rights in Gurcharan Singh and other beneficiaries. Cancellation of allotment of an allottee or his legal heirs and thereafter making allotment in favour of some other displaced persons by attributing forged affidavits to such occupants of Evacuee land is undoubtedly an illegal act brining the act of accused within the ambit of substances offence u/s 120-B RPC. The custodian and Patwari in connivance with Gurcharan Singh, Darshan Singh and Mathura Kour acted in a brazen manner and employed illegal means and abused their official position from conferring undue pecuniary benefit upon Gurcharan Singh and other beneficiaries and thereby committed criminal misconduct within the meaning of section 5(1) (c) of PC Act. As a result the accused Custodian Abdul Majid and Patwari Fazal Din are proved guilty of offences u/s 120-B RPC and Prevention of Corruption Act.
While awarding sentence court observed that Custodian is an elderly man having retired from service infirmity may not necessarily be concomitant with old age but he appears to be ailing. Accused Patwari Fazal Din appears to have sailed through 55 springs of life. The accused have gone through trauma of a protracted trial about 12 years. Court is of the opinion the extenuating circumstances outweigh the aggravating factors. A lenient view in awarding sentence is warranted. Accused Abdul Majid then Custodian and Fazal Din Patwari are accordingly sentenced in each case to suffer RI for one year fine Rs 10000 under Prevention of Corruption Act and they are also sentenced to RI for six and months and to pay Fine Rs 5000 in each case u/s 120-B RPC. Court further said that all sentences shall run concurrently. JNF
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