HC for speedy trial of vigilance case
Jammu, Dec 25: The division bench of Jammu and Kashmir High Court comprising Chief Justice Justice Barin Ghosh and Justice Muhammad Yaqoob Mir in an appeal filed by Anil John, deputy director Tourism against judgment of writ court, directed additional district and sessions judge anti-corruption court Srinagar to ensure expeditious disposal of the case.
The court said eight years have been spent in the investigation and producing of challan in the case.
The Court said that trial court should act expeditiously in the matter.
The appellant deputy director had filed a petition in the High Court for quashing of the case registered against him under FIR NO 43/2000 u/s 5(2) of J&K Prevention of Corruption Act 2006. The Court dismissed the petition on July 6, 2007.
Aggrieved by the judgment, he had filed the appeal before the division bench.
The case pertains to Ghulam Muhammad Khan, who was proprietor of MS Soura Group of Industries. His accommodation was occupied by the troops from 1989 to 1996.
He gave representation to Home Department for payment of the rent.
The Home Department referred the case to the Deputy Commissioner Kupwara for assessing the rent. The DC Kupwara instead of finalizing the rent assessment after 15 months returned the case with the request that status of the accommodation be determined through tourism department as Ghulam Muhammad Khan claimed that the occupied accommodation falls within the three star category hotel.
Subsequently, the matter was referred to the Commissioner Secretary Tourism Department. The Commissioner Secretary asked the Deputy Director Tourism (registration) for a report in respect of accommodation occupied by the troops at Watergam in 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 the accommodation falls in B-Category of Hotels.
As a result the Home Department preceded the rent case and fixed rent Rs 70 per day per room. On the basis of the 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 had been released.
Noticing the release of huge amount of rent Principal Secretary to Govt Industries and Commerce Department Srinagar lodged complaint with the Vigilance Organization Kashmir and after necessary enquiry case FIR NO 43/2000 was registered with the P/S VOK.
The complaint said that the Deputy Director (appellant) along with Prop of M/S Soura Group of Industries Ghulam Muhammad Khan, the then AAO Home Dept Rajinder Koul and the then CAO/FA Home Department Subash Chander Jandial allegedly hatched a conspiracy and succeeded in securing Rs 43, 33, 380 released as rent for the industrial unit owned by Ghulam Muhammad Khan at Kupwara.
The Deputy Director filed petition in the High Court which dismissed it. He went for appeal before the division bench. The division bench observed that there is no scope for interference with the order impugned.
“Appeal as such falls the chargesheet (challan) on the completion of the investigation has been presented before the Court of Additional District and Sessions Judge Anticorruption Srinagar. 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,” the Court said.
Lastupdate on : Fri, 25 Dec 2009 21:30:00 Makkah time
Lastupdate on : Fri, 25 Dec 2009 18:30:00 GMT
Lastupdate on : Sat, 26 Dec 2009 00:00:00 IST
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