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| DB directs TC for expeditious disposal of corruption case | | | Early Times Report
Jammu, Dec 25- In an appeal filed by Anil John Deputy Director Tourism against the judgment of Writ Court, the Division Bench of J&K High Court, comprising Chief Justice Barin Ghosh and Justice Mohammed Yaqoob Mir, has directed Additional District and Sessions Judge Anticorruption Court Srinagar to ensure expeditious disposal of the case.
In the approved for reporting judgment written by Justice Mohammed Yaqoob Mir for the Division Bench, after hearing both the sides and going through various judgments of supreme Court including the judgment of Abdul Rehman Antulay Vs RS Naik, observed that applying the ratio of judgments as referred, to the facts and position of the present case, there is no scope for interference with the order impugned. It would be quite appropriate for the appellant to project before the Trial Court all his grievances; so as to show that prima-facie he is not involved in the case.
DB further observed that eight years time has been consumed in the investigation and production of challan, the matter is required to be dealt with expeditiously by the Trial Court. Trial Court will hear the parties on the question of framing or otherwise of the charges and shall pass such order as shall be warranted un-influenced by the observations made in the appeal. Trial Court is expected to schedule the proceedings of the case in such a convenient manner ensuring expeditious disposal of the case, DB ordered. The appellant filed a petition in the High Court for quashment of the case registered as FIR NO 43/2000 u/s 5(2) of J&K Prevention of Corruption Act 2006 and sections 120-B, 420, 467, 468 of RPC, which was dismissed by the Single Judge on July 6, 2007, aggrieved of judgment filed the present letters patent appeal.
The appellant along with Ghulam Mohammed Khan Prop of M/S Soura Group of Industries, Rajinder Koul then AAO Home Department and Subash Chander Jandial then CAO/FA Home Department allegedly, hatched a conspiracy and succeeded in getting Rs 43, 33, 380 released as rent for the industrial units/residential accommodation owned by Ghulam Mohammed Khan situated at Batergam, Kupwara. Ghulam Mohammed Khan, whose accommodation was allegedly occupied by the security forces from the year 1989 to 1996, represented to Home Department for payment of rent. The Home Department referred the case to the DC Kupwara for assessing the rent who instead of finalizing the rent assessment, returned the case after 15 months with the request that status of the accommodation be got determined through Tourism Department as Ghulam Mohammed Khan claimed that the occupied accommodation falls within the three star category hotel, therefore, assessment can only be made by the Tourism Department. The matter was referred to the Commissioner/Secretary Tourism Department, who asked the Deputy Director Tourism (Registration) for a report in respect of accommodation occupied by the security forces at Batergam Kupwara to categorize the residential accommodation. The Deputy Director Tourism (appellant) addressed a communication to the Special Secretary to Home Department on June 18, 1996 wherein he recorded “As per Rules in vogue the accommodation falls in B-Category of Hotels”. As a result the Home Department preceded the rent case and fixed rent Rs 70 per room per day. On the basis of the said assessment Rs 43, 33, 380, for the period 1989 to 1996, as against the genuine entitlement of the rent Rs 2, 46, 646 for the said accommodation, was released. Noticing the release of huge amount of rent Principal Secretary to Government Industries and Commerce Department lodged complaint with the Vigilance Organization Kashmir and after necessary enquiry case FIR NO 43/2000 was registered with the P/S VOK JNF.
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