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JAMMU, Oct 16 (JNF): Jammu and Kashmir state High Court today summoned the record of the case of declining sanction against Ex- Law Minister in corruption case and directed Union of India and the state to file affidavits regarding pending cases for sanction.
A Public Interest Litigation (PIL) seeking sanction for prosecution of senior IAS, IPS, IFS, KAS and other bureaucrats involved in corruption cases took a new turn, when Division Bench comprising Justice Mansoor Ahmed Mir and Justice JP Singh issued directions to produce record of the case FIR number 37 of 1987 registered at Police Station VOJ in which case the state government on March 3, 2010 declined sanction for prosecution of then Law Minister and presently Minister for Agriculture Ghulam Hassan Mir in a corruption case. The said minister is accused of appointing 55 persons in J&K Legal Services Authority.
This significant order was passed today in a PIL filed by two social activists Sheikh Mohammad Shafi son of Sheikh Abdul Rehman (EX MP) and Professor SK Bhalla seeking sanction for prosecution of senior IAS, IPS, IFS, KAS and other officers involved in corruption cases.
When this PIL came-up for hearing Advocate Sheikh Shakeel Ahmed appearing for the PIL drew the attention of Division Bench to Annexure ‘N’ a communication of General Administration Dept number GAD (VIG) 48-SP/88-II dated March 3, 2010 whereby the state government declined sanction for prosecution against then Law Minister Ghulam Hassan Mir. He further apprised the Bench that it is surprising that the state withdrew corruption cases against two co-accused GM Thakur (IAS) then Law Secretary and AQ Parray then Law Secretary. On the same analogy, the government declined sanction against then Law Minister GH Mir. The Division Bench while enlarging the scope of PIL issued directions for production of the records pertaining to FIR 37 of 1987 registered by VOJ.
According to FIR number 37 of 1987, the then Secretary Legal Aid Board Bashir Ahmed Magrey with the collusion of then Law Minister G H Mir went on appointing persons on their own without keeping in view the specified norms and rules for the appointment. About 55 persons were appointed during the ministership of then law Minister G H Mir. Some persons were appointed prior to the holding the first meeting of the Board. Simply applications were taken from the individuals who seem to be very near and dear of the then Law Minister and then Secretary BA Magrey.
After going through Annexure N, Division Bench expressed its dissatisfaction and observed in the open court that court wants to peruse the records of declining of sanction and also expressed its anguish over growing menace of corruption. Division Bench also remarked in the open court as to why the officials against whom sanction has been granted, have not been placed under suspension and why the state has not initiated the process of their compulsorily retirement.
Division Bench allowed further two weeks time to state and Union of India to file detailed affidavits indicating as to how many cases are presently pending for sanction with the government, in how many cases there are stay orders for stay of investigation and in how many cases sanction has been declined and the reasons for decline of sanction.
During course of hearing, Advocate SS Ahmed informed the court that in FIR number 18 of 2005 (Rural Electrification scam in which Syed Asgar Ali then Director RDD Kashmir and presently MLC PDP and more than 40 BDOs are allegedly involved), there is stay order granted by the Srinagar wing of High Court on July 16, 2008 against the presentation of charge-sheet in the court of law. He further submitted that the state government did not initiate any action to get the interim directions vacated. He referred the latest status report filed by Commissioner of Vigilance on October 4, 2010 wherein the SVO has mentioned that there is stay order dated July 16, 2008 on the filling of the challan in the Rural Electrification Scam.
Division Bench further directed the listing of this PIL immediately after two weeks. |
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