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| Sidhra Land Scam Summons issued against Ansari | | | Early Times Report
Jammu, Jan 6: In the much publicized multi-crore Sidhra land scam, an anti-corruption court here has issued summons, through Secretary Legislative Assembly, to former Minister for Housing and Urban Development and sitting Legislator Maulvi Iftikhar Hussain Ansari as Crime Branch presented charge-sheet after 13 years of investigation.
Crime Branch has presented challan in scam of New Jammu Township Project after about 13 years investigation against Jayant Bhuta, Madan Lal Kalra, Moulvi Iftikhar Hussain Ansari Dr. Amjab Abas Ansari and D Murlidar.
Special Judge Anticorruption Jammu Mr. JR Kotwal on perusal of the charge-sheet and documents submitted, found sufficient ground for proceedings against the accused and issuing process against those who were not present today.
Given the nature of offences the accused are sought to be prosecuted for, process by way warrants of arrests can be issued in the first instance. However, given that accused Moulvi Iftikhar Hussain Ansari is a sitting MLA, the Court issued summons to him through Secretary of Legislative Assembly. Bailable warrans of the amount of Rs 20,000 with one surety of the like amount was issued against accused Dr. Amjab Abas Ansari. Accused Jayant Bhuta, Madan Lal Kalra have already been admitted to bail during investigation of the case of by order of CJM Jammu. However, they are asked to furnish fresh bail bonds each with one surety in the amount of Rs 50,000 each. As regard accused B Murlidhar, the Investigation Officer produced on the next date for recording his statement which is on February 10, 2010.
According to the challan that on a written complaint of then Vice Chairman JDA Jammu dated June 16, 1998 to SHO Trikuta Nagar Jammu, that his signature were forged on a letter purported to have been written by him to M/S IPPL vide dated June 2, 1998. The complainant said that JDA had entered into agreement with M/S IPPL and that this forged letter has serious implications necessitating investigation after taking legal opinion SHO Trikuta Nagar registered a case u/s 420/511 RPC and subsequently the case was transferred to the Crime Branch vide dated July 20, 1998. In the investigation it has been submitted that JDA with the object of promoting and securing the development of Jammu Town in accordance with master plan it has the power to acquire hold and dispose of land and other property and to carry out building engineering and other operations etc. Mr. RK Handa was the Vice Chairman of the JDA from May 97 to September 2000. The JDA entered into an agreement with M/S IPPL for financing the New Jammu Township Project Sidhra (SMR Satellite Township). The authority worked under the direct control of Ministry of Housing & Urban Development, the authority takes major decision through a board of directors, PG Dhar Chakrabharti IAS was Commissioner/Secretary H&UD from October 1996 to January 1998, Mr. Pankaj Jain IAS was commissioner/secretary from February 98 upto March 98, Moulvi Iftikar Hussain Ansari was the minister of Housing & Urban Development and was also Chairman of Board of Directors of JDA, Mr. Chakrabharti is the one of the director of Board. The Jammu & Kashmir Bank Ltd issued bank guarantee for Rs 4.75 crores on July 23, 1997 on the request of VC JDA without adopting proper procedure and examining the genuineness of guarantee formal provided by accused Jayant Bhuta which was unusual not carrying name borrower and purpose for which it was given. It is also mentioned in the investigation that Mr. ML Kalra met Mr. Nityanand Trehan a prominent member of a group of Art of living a spiritual group. Mr. Jayant Bhuta met Mr. Kalra was looking for market for gas business and through Kalra came to know that Nityanand Trehan had wide contacts in Kashmir which can be used for business. Accused Jayant Bhuta introduced himself as NRI to Mr. Trehan looking for market wanted Mr. Trehan to accompany with him & Mr. Kalra to J&K. Mr. Trehan a Charted Accountant was the consultant for a number of firms of Moulvi Iftikar Hussain Ansari. Mr. Bhuta asked Trehan to be their consultant and requested him to prepare detailed project report. Mr. Bhuta visited Jammu sometime in December 1996 with Trehan, the called on Mr. Nisar Ahmed Khan then Power Minister of J&K discussed about introducing Gas Turbines in J&K, the then power minister however interested only in hydel project and asked Bhuta to come back with a detailed proposal for a hydel project. The Trehan along with Bhuta met in the office of Moulvi Iftikar Hussain Ansari then Minister for Housing & Urban Development as Mr. Trehan CA was consultant of his firms. After a few days Mr. Jayant Bhuta informed the Moulvi Iftikar Hussain Ansari on phone that he has discussed the issue with the associates abroad and that they had agreed to provide the required loan facility for the township. Jayant Bhuta was called by Mr. Ansari to Jammu for further discussion. The subject later on his return delhi after the discussion with the minister Jayant Bhuta visited the office of Trehan with ML Kalra and informed him that Moulvi Iftikar Hussain Ansari was keen to have funds visited arranged for development SMR Township and has desired that formal proposal be submitted to him.
It was in the month of July 1997 Mr. Bhuta wrote to the JDA and met the minister regarding the proposal which was getting delayed. As per initial terms offered loan of Rs 150 crore was to be secured through Bank Guarantee to be given in US Dollars since foreign exchange was involved, the Commissioner/Secretary Housing has sought a clearance of Govt of India but there was no response from that side. In view of this Mr. Bhuta in his revised proposal asked for bank guarantee in Indian currency and further asked for a for separate bank guarantee to cover the interest portion to be issued along with the main bank guarantee. The Minister demanded consideration for his efforts and Bhuta agreed, conspiracies are hatched and bank guarantee against the proposal of M/S IPPL which was still under consideration, Bhuta came up with a unique proposal and asked Bank Guarantee to cover one year interest @ 9.5% on the first installment of loan of Rs 50 crores which M/S IPPL were to give to JDA. The minister agreed and called a meeting of the few officers in his house on July 18, 1997. Bhuta promised that the bank guarantee will not be used till the payment of first installment of loan RS 50 crores will not be paid by him, first of the loan of offered @ 9.5 % interest. The investigation disclosed that armed with this clean bank guarantee for Rs 4.75 crores Mr. Jayant Bhutha got in touch with M/S Klen and Marshallas through a business associate Vinod Kapasi of Bombay. M/S Klen & Marshallas had several ongoing projects and were in infrastructure related business, this firm had been sanctioned credit facilities by M/S ICICI Chennai and one of credit facility was discounting of third party bills. Jayanti Bhutha had a clean guarantee for Rs 4.75 crore had promised in the meeting that bank Guarantee would not be used but on soon as he got the Bank Guarantee he started looking around for partners who would help him raising money so that he would get the JDA deal. Greasing the palms was the immediate need to getting the contract. JDA wanted funds for satellite township project.
In the 39 pages Challan the investigation disclosed that out of proceeds of bank guarantee Jayant Bhutha paid an amount of Rs 9.20 lacs to ML Kalra, an amount of two lacs stand credited in the account of Kalra maintained as marked, Rs 4.20 lacs were also received by Kalra through his son Ashish Kalra. Investigation also disclosed that Jayant Bhutha paid an amount of Rs 2 lacs to Mr. James Novo of M/S Klen & Marshallas Bangalore. Investigation further disclosed that Bhutha also executed a deal with Mr. Kartik Patel, Mr. Krishan Kant, R Rao of Khayati Group Ahmedabad for purchase of land in Ahmedabad. The investigation from the facts disclosed it is amply clear that Jayant Bhutha ad ML Kalra had no intention to organized fund by using bank guarantee, meeting the expenses to organize the loan for JDA. The proceeds of bank guarantee have been utilized for a quite a different purpose by resorting to this they caused wrongful gain for themselves as well as Mr. Murlidhar James Novo and ors. In this deal JDA had to pay Rs 4.75 lacs toward commission for J&K Bank Guarantee of Rs 4.75 crore. JDA also to pay Rs 42.75 lacs as commission charge to J&K Bank for Rs 57 crore bank guarantee. As per the evidence collected during investigation prima facie case is made against accused Moulvi Iftikar Hussain Ansari then Minister Housing & Urban Development presently MLA PDP as he has misused his official position which amounts to criminal misconduct on his part, section 5(1) (d) of PC Act and offences u/s 467/468/471 420/120-B RPC prima-facie also made out against Jayant Bhuta, Madan Lal Kalra, Dr. Amjab Abas Ansari and D Murlidar and challan was presented in the Court of Special Judge Anticorruption Jammu by SSP Crime Branch through CPO Bhupinder Singh Crime Branch Jammu against accused against Jayant Bhuta, Madan Lal Kalra and Moulvi Iftikar Hussain Ansari then Minister Housing & Urban Development presently MLA PDP, Dr. Amjab Abas Ansari and D Murlidar. Accused Jayant Bhuta, Madan Lal Kalra are present whereas prayer has been made for issuance of process of against accused Moulvi Iftikar Hussain Ansari and Dr. Amjab Abas Ansari contending that they have not turned up despite service of notice upon them. Payer has also been made for proceedings u/s 512 CrPC against D Murlidhar that all efforts to trace him during investigation of case have failed.
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