Additional Sessions Judge Anticorruption Baramulla Jatinder Singh today asked State Vigilance Organization(SVO) to seek permission from government to launch prosecution against then Deputy Commissioner Kupwara in an alleged rent scam.
The court order came in the much publicized case FIR No. 43/2000, dated: 28.09.2000 , of P/S VOK Srinagar, on the ground that unauthorized payment of an amount of Rs 43.18 lacs, after unauthorized sanction, was made in favour of Gh. Mohammad Khan (since deceased) by the accused by abusing their official position. It is alleged that the payment was made without making proper calculation of the rent dues and a huge pecuniary advantage was conferred upon Gh.Mohammad Khan with corresponding loss to the state exchequer. After the investigation concluded, the charge sheet against the accused persons was presented in the Court.
The Court directed the Director, J&K Vigilance Organization to approach the competent Government (authority) and obtain necessary sanction for launching prosecution against the officer and deferring the question of framing of charge against the three accused persons, named in the charge-sheet, process for commission of offences made punishable u/s 5 (2) of Prevention of Corruption Act read with Section 5 (1) (d) of the Act (supra) and offence/s made punishable u/section 420 and 201 of RPC read with Section 120-B of the Code (supra) is issued to I.S. Malhi S/o Aroor Singh R/o Devendar vihar- 56, Flat No. 5085, Gurgaon, Delhi the then ACS(Home), for 30th of August,2017.
"In so far as Shri Brij Raj Sharma S/o Palav Nabh Sharma R/o House No. 269-A Gandhi Nagar, the then Deputy Commissioner Kupwara is concerned, directive is issued to the Director, J&K Vigilance Organization, to approach the competent Government (authority) and seek permission for launching prosecution against him and submit a report regarding the steps taken by him on that behalf, to this Court on the next date of hearing and if any record is required by him, for the said purpose, from this Court, he would at liberty to approach this Court for the same and directed Director, J&K Vigilance Organization, to personally look into another crucial aspect of the controversy regarding the property left behind by the deceased accused as it has been reported in the charge-sheet, including the two supplementary charge-sheets, that no property whatsoever is available in the name of the said deceased accused and, therefore, nothing can be done to recover the amount which he had gained wrongfully as a result of the transactions constituting the subject matter of the present case.
The Court further directed Special Public Prosecutor for the VOK to make available a complete set of all the charge-sheet, including the two supplementary charge-sheets, which shall be forwarded to I.S. Malhi along with the process, by way of summons, to be issued against him.