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Government sanction prosecution against Vakil for defaming Minister
2/10/2012 12:24:26 AM
Bashir Assad
Jammu, Feb 9: In a significant development, Jammu and Kashmir government Thursday accorded sanction for prosecution against senior Congress leader Abdul Gani Vakil for maligning the character of PHE, Irrigation and Flood Control Minister Taj Mohiuddin in public and media.
Sources privy to chief minister's secretariat disclosed that while taking cognizance of attacking Taj Mohiuddin in the capacity of a responsible Minister in media and public, Chief Minister Omar Abdullah today accorded sanction for prosecuting Vakil under Section 198B of Criminal Procedure Code (CrPC).
The order, sources said, was passed on by Chief Minister to the Chief Secretary asking him to take appropriate action under the provisions of law for prosecuting Vakil for defaming a public servant in respect of his conduct in the discharge of public functions. The sanction has been accorded under section 198B of Criminal Procedure Code (CrPC) read with section 499 and 500 of Ranbir Panel Code (RPC) which envisages that a Court of Session may take cognizance of such offence (defaming Governor of the state or a minister or any other public servant employed in connection with the affairs of the Union or of a State in respect of his conduct in the discharge of his public functions) without the accused being committed to it for trial, upon a complaint in writing made by the public servant.
Sources said that the sanction for prosecution against Vakil has been accorded on the basis of statements issued to the press time and again by A.G.Vakil against the Minister (Taj Mohiudin) wherein the former had leveled serious charges of corruption without any substantial evidence against the latter.
The sanction however has to come from the secretary to the Government, Department of Law enabling the public prosecutor to lodge a complaint in a Court of Session to initiate trial against Vakil.
It merits a mention that Ab. Gani Vakil since last one month or so has been leveling serious charges of corruption against Congress Ministers in Omar Abdullah lead Coalition government which include Deputy Chief Minister Tara Chand, PHE Minister Taj Mohiuddin and Education Minister Peerzada Mohd. Sayed.
However Secretary to Law department G. H. Tantray when contacted denied having received any such instruction as yet from the Chief Secretaries office. "I don't have any information as yet because I have not received anything like that."
Earlier addressing a press conference Minister For PHE Taj Mohiudding while responding to questions from the media has hinted at government's intentions of prosecuting Vakil for defaming the minister.
"It is the prerogative of the Chief Minister to take action under provisions of Law, I cant comment beyond that" Taj had said.
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