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| PIL seeking prosecution of sr IAS/KAS officers in corruption cases filed | | | Early Times Report
Jammu, May 10 : A day after ET brought to the fore government's inaction against its bureaucrats named in cases of corruption which are pending in the state vigilance organization, a Public Interest Litigation has been filed in the Jammu Wing of the State High Court seeking directions to the Commissioner of Vigilance to file charge-sheets in Designated Anticorruption Courts in FIR NO 29/2003 VOJ (Canal Power House), FIR NO 21/2006 VOJ (illegal appointments in Local Bodies), FIR NO 22/2009 VOJ (against Babu Ram then CDPO Doda), FIR NO 18/2005 VOK (Rural Electrification Scam), FIR NO 8/2009 VOK ( infamous Gulmarg Land Scam) and FIR No 17/2010 VOK (against Ghulam Hassan Wani Joint Registrar Cooperative Kashmir) in view of the deemed sanction for prosecution as per the law laid down by the Supreme Court of India in case titled Dr. Subramanian Swamy Vs Dr. Manmohan Singh & another decided on January 31, 2012 arising out of SLP (C) No 27535 of 2010.The PIL has been filed by two social activists namely Sheikh Mohd Shafi s/o Sheikh Abdul Rehman (EX MP) and Prof SK Bhalla through Adv Sheikh Shakeel Ahmed in which the petitioners have strongly highlighted the judgment of the Apex Court wherein the Apex Court fixed the time limit of three months for the competent authority to accord sanction in corruption cases and in the event of failure to accord sanction the sanction is deemed to have been granted. The petitioners in the petition have highlighted that in FIR NO 8/2009 VOK (infamous Gulmarg Land Scam) it has been admitted by GAD that case was received on December 22, 2009 and the prosecution sanction was issued Vide Govt Order No 02-GAD (VIG) of 2010 dated January 18, 2010. The competent authority accorded sanction for the prosecution of SMALL FRIES only but is sitting over the sanction of Mehboob Iqbal (IAS) then Divisional Commissioner Kashmir, Farooq Ahmed Shah then Additional DC Baramulla and Baseer Ahmed Khan (IAS) then Deputy Commissioner Baramulla. The petitioners have also highlighted the inaction of state in sitting over sanction in case FIR No 18/2005 VOK much publicized Rural Electrification Scam in which Syed Asgar Ali then Director Rural Development Kashmir presently MLC PDP is allegedly the prime accused along with BDOs Zaffar Altaf, MOhd Yousaf Bhat Mohd Yousaf Ganie Abdul Hamid Wani and Mohd Saleem Khanday. It is further submitted that in this case the proposal for sanction was received in the GAD on January 15, 2008 and the case was processed for orders of the competent authority and is under submission since January 14, 2009. The delay speaks volumes about the dilly dallying tactics of powers that be.
The petitioners have also referred FIR NO 22/2009 VOJ registered against Babu Ram then CDPO Doda and SVO sought sanction on August 16, 2011 and the case was referred by the GAD to social welfare dept on January 12, 2012 for comments which are still awaited. The petitioners further submitted that in FIR NO 21/2006 VOJ sanction was accorded against the Small Employees of Local Bodies and sanction is yet to be granted against AK Raina (IAS) then Director Local Bodies whose representation for declining sanction is pending before the GAD. It is further alleged that respondents have double standards while according sanction in terms of section 6 of Prevention of Corruption Act.
The petitioners have also alleged that recently the competent authority i.e. the Chief Minister of the State declined sanction for prosecution of a sitting cabinet Minister GH Mir presently Minister for Agriculture who was allegedly involved in making 53 illegal/backdoor appointments in J&K Legal Service Authority. The petitioners have stated that this case is just a tip of the ice-berg as number of the cases of similar nature are awaiting sanction before the competent authority. (JNF) |
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