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| Court releases attached property of Tehsildar | | | EARLY TIMES REPORT
Jammu, Jan: 06:- Special Judge Anticorruption Jammu AK Koul today in a significant order released the attached property of Tehsildar Mohd Bashir against whom Vigilance Organization has registered a case u/s 5(1) e r/w section 5(2) PC Act 2006 Svt and property was attached on October 5, 2010 by the order of Designated Authority.
Mohd Bashir Tehsildar and one Kamal Singh filed applications for release of property which was attached. It was submitted that during investigation as stated by VOJ it was found that Mohd Bashir Tehsildar in his capacity as public servant had acquired three storied house constructed over 1.6 Kanal at Friends enclave in Humhana in District Budgam through corrupt and illegal means in the name of one Kamal Singh and transaction was purely “Benami”.
Since the value of Bashir Ahmed’s assets was going on during investigation, the scope of investigation was widened to ascertain the actual nature of the transaction through which the said house and land was acquired. On August 2, 2010 the Investigating Officer sought approval of Vigilance Commissioner for attachment of the said property. The approval was accorded on the same day and order of attachment August 28, 2010 was accordingly followed in terms of Section 8(B) of J&K PC (amended) Act 2006. A report was submitted to the Designated Authority as a statutory compulsion envisaged under the amendment Act for conformation of the order of Attachment which lead to passage of impugned order dated October 5, 2010 where through the Designated Authority confirmed the order of attachment. Both the appellant felt aggrieved and filed this application for release of property on various grounds.
The court after hearing the parties observed that the minutes of the proceedings recorded by Designated Authority reveals that on September 28, 2010, investigating officer was directed to provide requisite material/ statement to the advocate of appellants and the case was fixed for hearing on October 5, 2010. There is nothing on record to show as to whether the material was supplied to appellants or not and if so how did the appellants respond to it, but the Designated Authority disposed of the mater hastily without ascertaining as to whether its earlier order was complied with or not, which again gives rise to a genuine inference that Designated Authority did not show any concern for the legal rights of the appellants which is turn resulted in miscarriage of justice. Court is of the considered opinion that the impugned order dated October 5, 2010 has been passed in utter violation of the basic cannons of law on erroneous appreciations of facts and in an unusual manner, same is so set-aside and the order of attachment is revoked. The appeal accordingly succeeded, the attached property is directed to be released. JNF
JNF/JANUARY/06/2011/2
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