Roshni Scam | CBI court frames charges against 3 former IAS officers, 3 others

Srinagar: A court here framed charges against six accused including three former IAS officers in the much-publicised Roshni land scam.

Special Judge CBI Srinagar, SC Katal, framed charges against the former IAS officers, Basharat Ahmad Dhar, Mehboob Iqbal, Ejaz Iqbal, besides the accused Mushtaq Ahmad Malik, Akram Khan and Sajad Parvez.

   

A case (FIR No 26/2015) was initially registered by the Vigilance Organization Kashmir, now Anti-Corruption Bureau (ACB) Kashmir.

Subsequently, the case was transferred to CBI for investigation on the directions of the High Court of J&K and Ladakh in a Public Interest Litigation (PIL).

Accordingly, CBI registered the case on November 20, 2020 for offences under Sections 120-B (criminal Conspiracy), 420 (cheating) of the erstwhile RPC (which now stands replaced by IPC) and Section 5(1)(d) read with 5(2) of J&K Prevention of Corruption Act. 

As per the CBI case, in 2007 ownership rights of State land measuring 07 kanals and 07 marlas under Khasra No. 216 min, 217 min and 218 min Estate Nursingh Garh site Shaheed Gunj were vested in favour of Sajjad Parvaiz at the rate of Rs 45 lakh per kanal by empowerment committee in its meeting held on 28 April 2007.

The “beneficiary” Parvez was not legal occupant in terms of Section 2(e) of State Land (Vesting of Ownership Rights to the Occupants) Act (Roshni Act) as he was only authorized agent of lessee, Ashok Sharma and Bipin Sharma by virtue of special power of attorney, as per the prosecution.

“The evidence assembled by the investigation agency on its face value reveals that the accused officers in league with accused beneficiary abused their official position and bestowed undue benefit by vesting ownership rights of prime State land”, the court said, after hearing the parties.

At this stage, the court said, it cannot be said that there is no sufficient ground for proceeding against the accused persons and discharge is the only remedy.

 “Hence, the prima facie case is made out for framing the charge under Section 120-B/RPC read with Section 5(1)(d)/5(2) of J&K PC Act against six accused and they have been charge-sheeted accordingly”, the court said.

The Court underscored that in the case in hand the investigation officer has assembled the evidence and the same reveals that the state land was leased in favour of Ashok Sharma and Bipin Sharma and the lease was extended up to 13 April 2008.

 “The accused is the attorney holder of the lessee. No revenue record is available to indicate the legal and illegal possession of the accused,” the court said.

However, the lease, the court said, during the continuation of lease period executed power of attorney in December 2004 in favour of accused (Parvez) and on strength of power of attorney claims the possession of the State land situated at Nursingh Ghar on main road Karan Nagar-Shaheed Gunj here, measuring 07 kanals and 07 marlas.

Parvez applied for bestowing the ownership right as per the provisions of Roshni Act.

 “The price fixation committee headed by Khurshid Ahmad Ganie, the then Divisional Commissioner Kashmir decided that leasee has created the third party interest over the leased property as such the case is not covered for vesting of ownership right,” the court said, adding, “the same committee also sought guidance from the Administrative Department, which directed to proceed for resumption of the land under relevant provisions of law.”

After three years Parvez again filed a fresh application for vesting ownership rights of land in his favour and at that time the committee headed by Basharat Ahmad Dhar, the then Divisional Commissioner Kashmir in the meeting held on 19 July 2007 and 28 April 2007 relied upon the earlier report and decided to confer the vesting of ownership right of whole  land measuring 7 kanal 7 marla at the rate of Rs 45 lakh per kanal and the committee treated the property as commercial property and directed the applicant and accused to pay 60 percent of adopted amount which comes to Rs 1,98,45,000 minus 25 percent rebate if payment made within the three months.”

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