The Special Anti-Corruption Court in Srinagar Thursday rejected an anticipatory bail application of Peoples Democratic Party (PDP) leader Naeem Akthar in the case of alleged irregularities in J&K Projects Construction Corporation (JKPCC) during his tenure as the Minister for Public Works.
After hearing the special public prosecutors Ghulam Jeelani, Riaz Ahmad, and the defence counsel, Special Anti-Corruption Judge R N Watal said that the petitioner had failed to carve out a prima facie case to qualify for the concession of bail in anticipation of his arrest.
It said that the allegations against the petitioner were incriminating in nature and demonstrate the petitioner’s deceitful, despicable and corrupt intent in conspiracy with Vikar Mustafa Shonthu and facilitate his appointment as Managing Director JKPCC in violation of the rules and regulations.
“A cursory look to the material collected by the investigating agencies does not lead to inference that the petitioner has been falsely implicated with oblique motives instead there is a direct evidence which proves petitioner’s culpability in the case,” the court said.
It said that prima facie the liability of the petitioner in the illegal appointment was obvious and crystal clear from the evidence collected by the prosecution till date.
“There are indisputable and reasonable grounds for believing that the petitioner has committed the offences as indicated in the FIR. The stage is not appropriate to exercise the concession of bail in favour of petitioner in anticipation of his arrest in light of incriminating material that has come to fore during investigation,” the court said.
It said that economic offences were committed with composed intent and planned design with an eye on individual profit in spite of the consequences and its undesirable effect on the society.
“These offences affecting the economy very much fall within the category of grave offences. On this count also, the petitioner does not deserve the concession of bail in anticipation of his arrest,” the court said.
It said that anticipatory bail, being an extra ordinary privilege, was granted only in exceptional cases when the court is convinced on the basis of material on record that a public servant had been falsely implicated and the allegations of exchange of illegal gratification were with an oblique motive or tainted with malafides.
Earlier, the counsel representing NaeemAkthar pleaded before the court that his client was being unnecessarily dragged into the JKPCC controversy saying, “This is being done even when there is no case against him and fears that he will be falsely involved in the case on some fabricated, concocted and baseless facts.”
He pleaded that the FIR in question had been challenged before the High Court by Vikar Mustafa Shonthu for its quashment and while considering his interim application he had been released on bail in anticipation of his arrest.
He submitted before court that Akthar was already under preventative detention lodged at the Sub Jail, MLA Hostel and there were no chances of his absconding from the course of justice.