Cases against dozen KAS officers pending in courts

Over a dozen KAS officers (both retired and serving) figure among those accused against whom cases are under trial for corruption charges in the courts of Special Judge Anti-Corruption/ Additional Sessions Judge Anti-Corruption at Jammu and Srinagar, awaiting disposal.

As per the official statistics available with `JK News’, their cases are among 215 cases under trial against ministers, MLAs, MLCs, ex-ministers, ex-legislators, IAS, IPS, KAS, KPS and other gazetted officers in these courts. 

In certain cases, FIRs were filed in the year 1989 yet they are still awaiting disposal.55 cases, involving 79 accused including politicians and senior bureaucrats, are under trial (till September 15’11) in the courts of Special Judge Anti-Corruption Jammu and Additional Sessions Judge Anti-Corruption Jammu.

Out of them, few accused even hold an unenviable distinction of having multiple cases registered against them. In a particular case around 10 separate FIRs have been registered against former DEO Poonch M Y Kohli.

In all 10 cases, the case is at the stage of defence evidence. Out of 10 FIRs, one was registered 22 years ago in 1989.

Similarly in the courts of Special Judge Anti-Corruption Srinagar and Additional Sessions Judge Anti-Corruption Srinagar, 160 cases against around 400 accused involving politicians, bureaucrats and other gazetted officers are under trial.

Sitting MLA Kalakot Rash Pal Singh who also enjoys the status of Minister of State in his capacity as Vice-Chairman Kissan Welfare Board is a co-accused with former DC Excise Jammu J S Modi and former ETO Jammu Bhopinder Singh Manocha in a case vide FIR No 34/97 under sections 5(2) P C Act r/w 419, 420, 467, 468, 471, 477-A, 201 and 120-B RPC. In this case, the charges have not been framed so far by the court. However, the charges in the challan are that accused persons in connivance with each other misappropriated/embezzled an amount of Rs 3,05,45,000 due to be paid by M/S Kuldip Singh and Co Jammu as excise duty.

LPA was pending before division bench of J&K High Court Jammu against the order of single bench wherein FIR was ordered to be quashed.

MLA Shangus, Anantnag Mansoor Hussain Shorewardi is one among 9 accused in a case FIR No 21/93 U/S 5(2) P C Act r/w 409, 120-B. The case was filed against Mansoor and other 8 accused, when he was AEE REW Anantnag. As per the charges, the part of multicrore rural development scam Anantnag wherein crores of rupees have been withdrawn against non-existent works, double drawl and substandard works and state has been put to loss to the tune of Rs 4,77,436. The money had been sanctioned by Government of India under JRY scheme and operation Black Board with the object to generate employment among youth and rural engineering wing Anantnag was the executing agency.

Other accused in this case included Abdul Rehman the then BDO, Shangus, Abdul Khaliq Wani, the then Chief Planning Officer, Anantnag, Mohammed Shafi Bhat, the then AEE REW, Anantnag, Abdul Gani Kuchay the then AE, REW Anantnag, Khurshid Ahmed Shah, the then AEE REW Anantnag, Mirza Ahmedullah the then AO DRDK, Manzoor Ahmed Maboo, the then Executive Engineer, REW Anantnag and Abdul Gani Gadyari, the then Deputy Director, A&T, Kashmir.

The case is at a stage of prosecution evidence but trial has prolonged due to absence of accused persons. 

The name of former Commissioner Secretary Education department J&K Ajit Kumar (now retired) is one among those 5 IAS officers, whose cases are under trial in the anti-corruption courts. The case was registered against him vide FIR No 69/99 under sections 5(1)d r/w 5(2) P C Act r/W 120-B/RPC and KAS officer  Janak Singh (now retired), who was then FA to Additional Chief Secretary Education department, is a co-accused in this case.

As per the charges framed, the accused, while posted as Additional Chief Secretary Education department and Chairman SLPC in 1997-98 in collusion with other accused SLPC members and supplier firm purchased jute matting on highly exorbitant rates thus causing loss to the tune of Rs 57,62,500.

The petition U/S 561-A CrPC is pending before the High Court at Srinagar against the order of charge.

Mohammed Yasin Shora KAS officer and former General Manager DIC Anantnag is a co-accused with Ali Mohammed Darzi former CAO of I&C Srinagar and Mohammed Amin former Material Manager DIC Anantnag in a case registered vide FIR No 44/2000 U/S 5(2) P C Act r/w 467, 468, 471, 120-B.

The charges were that the accused in his capacity as General Manager DIC Anantnag in league with proprietor of M/S Shuhul Floor Mills, Khanabal put the state exchequer to loss fraudulently by processing/passing and drawing fictitious transport subsidy claims to the tune of Rs 57,75,833 which was carriage subsidy released in favour of the firm which had transported wheat from FCI India to Kashmir Valley though most of the trucks had not entered the Kashmir Valley.

The case is at a stage of prosecution evidence.

Among KAS officers, whose cases are under trial in these courts, also figure the names of Ghulam Mohammed Hafiz and Ghulam Rasool, against whom FIR No 14/05 was registered under U/S 5(1) (d)5(2) P C Act r/w 201, 467, 471 and 120-B RPC. At the time of registration of case, Hafiz was ACR Poonch while Rasool was Tehsildar Surankot.

In their case, the charges have not been framed so far by the court. However, the charges in the challan are that during operation “Sarpvinash” in Hill Kaka area of district Poonch about hundred families were evacuated to safer places and to compensate these families, the funds to the tune of Rs 7.40 Cr were released during the year 2003-04 and 2004-05 and it has been established during the investigation that compensation has been paid to the illegal beneficiaries in connivance with some middlemen/touts by the then ACD Chowdhary Mohammed Hafiz and other revenue officers and officials.

KAS officer and former Project Officer Wage and Employment (ACD) Kupwara Abdul Rashid is facing trial in a case registered vide FIR No 24/2010 U/S 5(2) J&K P C Act Samvat 2006 r/w 161 & 120-B RPC. As per the charges, the accused demanded and accepted Rs 10,000 in the capacity of the Project Officer Wage and Employment (ACD) Kupwara for preparing letter (order) for revalidation of funds in favour of the complainant. The case is on charges stage.

Yet another KAS officer Ghulam Mohi-ud-Din Rather former Assistant Commissioner Revenue/Collector Land Acquisition, Pahalgam figures as an accused in a case registered vide FIR No 1/09 U/S 5(2) P C Act r/w 120-B, 420, 467, 468 RPC. As per the charges the accused in the capacity of Assistant Commissioner Revenue Land Acquisition, Pahalgam fraudulently manipulated the records in the process of acquisition of land for extension of Golf Course at Laripora Pahalgam and changed from 19 Marlas to 10 Kanals and 19 Marlas as such caused loss to the tune of Rs 51,75,000 by making excess payment against non-existent 10 Kanals.

KAS Officer and former Director Social Welfare Kashmir Ghulam Nabi Boda is one among 7 accused against whom the case was registered vide FIR No 5/2006 U/S 5(1) (d) P C Act r/w u/s 5(2) P C Act & 120-B RPC. As per the charges, the accused in his capacity as Director Social Welfare Kashmir in league with co-accused made purchases of steel trunks, seed bins and jute matting etc on highly exorbitant rates during the year 2004-05 without tendering process thereby putting state exchequer to a loss of Rs 42,41, 716. The case is on stage of charge.

Former SDM Kishtwar Ghulam Ali Giri is a co-accused with Chuni Lal Balopch (presently Tehsildar Akhnoor Jammu) in a case filed vide FIR No 40/2003 U/S 5(2) P C Act r/w 409, 420, 467, 120-B RPC for misappropriating food grains against artificially inflated population of Marwah and Warwan blocks of tehsil Kishtwar after falsely showing the population of these two blocks as 33147. The case is on charge stage.  

The case of another KAS officer and former DC Kupwara Shah Latif is at charge stage. Against him the case was registered vide FIR No 19/01 U/S 5(2) P C Act r/w 120-RPC for sanctioning ex-gratia relief in favour of migrants during the year 1998, who were not entitled to the same without any claim having been preferred by beneficiaries and without conducting necessary verification in league with other accused. As such a pecuniary loss to the tune of Rs 1.13 Cr was caused to the state exchequer in the shape of undue conferment of benefit upon beneficiaries.

KAS officer and former ACD Srinagar Fayaz Hussain Mir is an accused in a case registered vide FIR No 19/03 U/S 5(2) P C Act r/w 419, 420, 467, 471, 120-B RPC. He, as per charges, in the capacity of ACD Srinagar misappropriated an amount of Rs 697900 drawn on account of defunct OBB Scheme (of 1993) in conspiracy with his subordinate official. His case is at charge stage.

The case of former BDO Sopore and KAS officer Mohammed Ashraf Bhat, registered vide FIR No 20/04 U/S 5(1) d r/w 5(2) PC ACT 161, 120-RPC for demanding and accepting an amount of Rs 1000 from the complainant, is at the stage of prosecution evidence.

Ex Vice-Chancellor SKUAST Nagender Sharma is one among four accused against whom the FIR No 19/09 was filed under sections 5(2) P C Act 2006 r/w 468, 471 and 120-B RPC. In this case, the charges have not been framed so far by the court. However the charges in the challan are that accused persons in furtherance of criminal conspiracy with each other make illegal appointments in SKUAST Jammu. The case was returned for bifurcation of challan.

Lawyers suspend strike in jammu

After suspending their over three weeks long of strike, lawyers here today resumed their work following High Court order to put on hold state government's decision of transferring powers of registration of documents from judiciary to executive.

Full Bench of the State High Court comprising Justice Virender Singh, Justice JP Singh and Justice Hasnain Massodi yesterday stayed the government order of transferring powers of land registration from judiciary to revenue department, and directed the striking lawyers who were opposing the move to resume normal work.

The decision to call off the strike was taken by the Bar Association of Jammu (BAJ) in general body meeting in view of the stay given by the High Court, which also asked us to commence work, president of the association Advocate BS Salathia said.

“We have suspended the strike and resumed normal work in the courts from today. This decision was taken at general house meeting here this morning,” Salathia told reporters here while addressing a press conference this afternoon.

BAJ president further said that talks with government will take place on one side and case is now also under review of the High Court.

Earlier while addressing general house meeting BS Salathia congratulated the legal fraternity in taking lead in the protest against the transfer of registration powers. He praised the role of young lawyers who worked overnight to make sure that the public is informed of the design of the government in facilitating the regularisation of illegal encroachments by land mafia and those sitting in the power corridors.

He complimented the High Court for recognising the public interest involved in the issue and its intervention by framing Public Interest Litigation for its judicial adjudication.

Advocate Slathia also extended thanks to all the trade, transport, social and political organisations which came out in support of the protest initiated by BAJ. He further stated that the role of media has also been positive in projecting the cause taken up by BAJ in its right perspective.

Slathia appealed to Bar Associations on protest across the state to suspend the protest agitation and resume work forthwith since the issuance of SRO has been put on hold by the Special Bench of the High Court.

In the meeting vice president BAJ Advocate Usman Salaria and General Secretary Advocate Vikram Sharma also addressed the house.

lawyers strike Continued

Jammu and Kashmir government does not appear to be serious in bringing to an end the continued strike of Jammu Bar Association which has been protesting against transfer of registration work from judiciary to revenue department. The strike has been continuing for the past more than a week now with no end in sight. The issue of enhancement of quota for practicing lawyers for recruitment in judicial services has been resolved through negotiations with the bar association with the initiative from the Chief Justice of J&K high court last week. The strike has adversely affected with working in the court and litigants have to suffer for no fault of theirs. This is also leading to piling up of cases adding to higher pendency of cases in the courts. Already the work has suffered a lot due to strike and the litigants had to go back disappointed from the court and hearings and decisions of the courts in various cases have been postponed. The pendency of cases is already staggering high and the estimates of the presiding officer suggest that this can be reduced with quick adjudication of cases in the next five years or so. The government should step in and resolve the issue through negotiations so that normal working in the judiciary is restored at the earliest. This is particularly required in view of the fact that it is ultimately the common man, who is at the receiving end due to prolonged strike. The litigants have been travelling from their homes in other towns to the courts and high courts with the hope of getting justice and early disposal of their cases. Resolution of the strike is the only way to reduce pendency of cases in courts.

Jammu lawyers extend strike till Dec 7

Bar Association Jammu (BAJ) today extended its ongoing strike till December 7, 2011.A general house meeting of BAJ was held under the chairmanship of its President Advocate BS Slathia to discuss the ongoing strike by lawyers in protest against the move of the government in taking away the powers of the registration of documents from Judicial Officers to Ex

ecutive Officers (Revenue). BAJ decided to continue their on going strike till December 7, 2011.

A delegation of the BAJ had met the Chief Justice, J&K High Court, day before yesterday and put forth their grievances against the diversion of quota of lawyers in direct recruitment to the posts of District & Sessions Judges, fixing of higher cut-off of 60 percent marks and the time-duration for written-examinations. Chief Justice had proposed the Bar members to suspend their strike to facilitate the consideration of the lawyers’ grievances. The proposition from the Chief Justice was discussed in the general house meeting today.

The general house appreciated the intervention of the Chief Justice as Head of the Institution.  As per the assurance of the Chief Justice, the members of  Bar Association unanimously decided to suspend the strike so far as their grievances with respect to the Recruitment Rules for J&K Higher Judicial Services (Direct Recruitment of Sessions Judges) is concerned and complimented the  Chief Justice for postponing the examinations for selection to J&K Higher Judicial services.

However, the Bar has decided to continue its strike on the other pending issues and a delegation of senior members and representatives of Young Lawyers led by BS Slathia, President BAJ also met the Minister for Rural Development, Law & Parliamentary Affairs Ali Mohammad Sagar, Minister for Revenue, Relief & Rehabilitation Raman Bhalla, Minister for Education Peerzada Mohammad Syed and Minister for PHE, Flood Control Taj  Mohi-ud-Din in this regard.

The Bar delegation apprised the ministers about the difficulties the general public will be put to in case the registration powers are shifted from the Judicial Officers besides opening the flood gates for corruption and facilitating the already active land mafia.

The Bar Association Jammu urged the Chief Minister to immediately intervene and sort out the issue, keeping in view the aspirations of legal fraternity across the state and interests of general public at large.The general house of BAJ decided to continue with the protest and abstain from work in all courts till December 7, 2011. The general house of BAJ has decided to meet again on December 7 to decide the future course of action. 

Court Bans pvt practice by Doctors and Govt teachers

DB bans pvt practice by docs, tuition by Govt teachers

Division Bench of J&K High Court today ordered complete ban on private practice of doctors and teachers.

In a Public Interest Litigation (PIL), Division Bench of J&K High Court Jammu Wing, comprising Chief Justice FM Ibrahim Kalifulla and Justice Virender Singh, set-aside part of the instructions contained in circular number EDU-PS-C-S-11-05 dated August 11, 2005. The circular grants general permission to the officials of the Education department and Medical department to engage themselves by way of self-employment or accepting part-time employment in private coaching centres, two hours before the opening of school and two hours after closing of the schools, as also private practice by the doctors.

The PIL filed by Vichar Kranti International and Others sought complete ban on private tutoring by the government teachers both ‘Gazetted and Non-Gazetted cadres’ and ban on private practice by government doctors including those working in the Medical Colleges. The PIL also sought quashment of Circular number EDU-PS-C-S-11-05 dated August 11, 2005.

The judgment written by Chief Justice FM Ibrahim Kalifulla for the Division Bench observed that counsel for the petitioner pointed out that under rules 10 of J&K Government employees (conduct rules) 1971, there is a general prohibition that any government employee, whether on leave or in active service, cannot undertake any trade or business or any other employment without previous sanction of the government.

Under the circular, general authorisation has been provided to encourage the officials of the Education department to grant permission to the teachers to indulge in any private tuition two hours before the opening of schools and two hours after schools get closed. The petition stated that this runs contrary to the Rule 10.

When the Division Bench examined Rule 10 of J&K Government Employees Conduct Rules 1971, it observed that the said rules specifically prohibit a government employee to undertake any employment by encouraging private tuitions. The teachers would be otherwise engaging themselves in one of the other form of self employment for earning more money. Therefore, if such a practice is allowed to continue, certainly, there would be serious deterioration in maintaining the standard of education in the government schools, the petition said.

“In other words, if a teacher is interested in private tuition for the purpose of earning more money, it is needless to state that he would only result in total disinclination to concentrate in imparting education in the regular working hours, in the schools, to the students and thereby standard of education in the schools will be seriously affected,” the petition pointed out.

It further elaborated, “the provisions contained in circular August 11, 2005 to the effect that it would be permissible for the Education department to grant permission for the teachers to accept such type of engagements in private coaching centers or start their own private tuition centers, two hours prior to the opening of the schools and two hours after closing of the schools, would be indirect conflict with the specific provisions contained in Rule 10. The Provisions contained in Rule 10, does not enable the state government to such a general instructions to the officials of the Education department for granting such permissions, which would not be in the interest of the students studying in the government schools.”

Division Bench observed that proper interpretation of Rules 10 would only be that in exceptional cases, where the government is of the view that engagement of any trade or business or undertaking of any other employment of a government servant, either on leave or in active service, would be required in the interest of public at large. Such a permission by way of previous sanction can be granted by considering such individual cases, depending upon such exigency and other relevant factors.

The court reasoned that the contention of the counsel for the PIL that grant of such general authorisation to the government officials would not be in the interest of the public at large and in particular the student community and would result in total deterioration of the standard of the education in government schools.

While holding that it is for the state government to apply Rule 10 in appropriate case depending upon the exigency of the work for granting previous sanction, the court directed a blanket ban on private practice by both doctors and teachers. Particularly in the case of teachers, the high court observed that the General Blanket Authority, which the circular dated August 11, 2005 extends to the officials of the education department cannot be sustained to that extent and so the said circular stands set-aside.

Justice Masoodi Additional Judge of HC

Chief Justice of State High Court, Justice F M Ibrahim Kalifulla today administered oath to Gh Hasnain Masoodi as Additional Judge of State High Court for further one year.

In a ceremony held at High Court Complex here, Registrar General J R Kotwal read out the warrants of elevation issued by the President of India for elevation of Gh Hasnain Masoodi and also read out the letter of Governor authorizing Chief Justice for administering the oath. Justice Masoodi has already been working as Judge of the High Court for the last two years.

Born on January 2, 1954 at Khrew in district Pulwama, Gh Hasnain Masoodi did his LLB from Kashmir University and joined the Bar and practiced as an Advocate from April 22, 1977 to April 1980.

He was appointed as Munsiff on November 10, 1982 and promoted as Sub-Judge on January 3, 1987. Mr Masoodi was promoted as District and Sessions Judge on March 5, 1998. He remained posted at different places as District and Sessions Judge besides Registrar Vigilance High Court, Principal Secretary to the Chief Justice and Registrar General High Court.

He was granted selection grade in April, 2002 and placed in super-time scale in April 2008. He was also selected for Kashmir Administrative Services in 1984 but he decided to continue as a judicial officer.

Mr Masoodi proceeded for Higher Education to the United States in 1992 and did his Master’s in Laws from Harvard University Massachusetts with constitutional, administrative, environmental and planning law as subject areas.

24 Judicial Officers transferred

In a major reshuffle, State High Court today ordered transfers and postings of 24 Judicial Officers with immediate effect.

According to order, Nighat Sultana, Additional Sessions Judge Udhampur has been transferred and posted as Additional District Judge Matrimonial cases Jammu. Sanjeev Kumar Bhagat, Additional District Judge Matrimonial cases Jammu has been transferred and posted as Principal Sessions Judge Bhaderwah.

Puneet Gupta, Principal Sessions Judge Bhaderwah has been transferred and posted as Additional Sessions Judge Kathua against available vacancy. A K Koul, Special Judge Anticorruption Jammu has been transferred and posted as Principal Sessions Judge Rajouri. Principal Sessions Judge Rajouri Sanjay Dhar has been transferred and posted as Presiding Officer MACT Jammu.

Presiding Officer MACT Jammu Sanjay Parihar has been transferred and posted as TADA/POTA/3rd Additional Sessions Judge Jammu. Rajesh Sekhri, Additional District Judge Bank Cases Jammu has been transferred and posted as Principal Sessions Judge Reasi. Ramesh Kumar Wattal presently Principal Sessions Judge Reasi has been transferred and posted as Principal Sessions Judge Kargil.

R S Jain, Principal Sessions Judge Kargil has been transferred and posted as Principal Sessions Judge Samba. Suresh Kumar Sharma, presently Principal Sessions Judge Samba has been transferred and posted as Director Judicial Academy J&K. Kishore Kumar, President Consumer Forum Jammu has been transferred and posted as Principal Sessions Judge Poonch.

Brij Mohan Gupta, presently Principal Sessions Judge Poonch has been transferred and posted as Principal Sessions Judge Udhampur. Ashok Kumar Sharma presently Principal Sessions Judge Udhampur has been transferred and posted as Principal Sessions Judge Kathua.

Jang Bhadur Singh Jamwal, presently Principal Sessions Judge Kathua has been transferred and posted as Registrar Judicial High Court Jammu Wing. Shakti Kumar Gupta has been transferred and posted as Additional Sessions Judge Baramulla. Mohd Yousuf Wani, Additional Sessions Judge Baramulla has been transferred and posted as Additional Sessions Judge Srinagar against available vacancy.

Kartar Singh, Registrar Judicial High Court Jammu Wing has been transferred and posted as Registrar Vigilance High Court against available vacancy. S C Katal, Sub Judge presently posted as Leave Reserve High Court Jammu Wing has been transferred and posted as CJM Kathua. Deepak Sethi, presently CJM Kathua has been transferred and posted as Sub Judge Leave Reserve High Court Jammu Wing.

Mirza Riyaz-ul-Haq, Sub Judge Surankote has been transferred and posted as CJM Poonch. Rajesh Kumar Abrol, CJM Poonch has been transferred and posted as CJM Kargil. Vishesh Kumar Parihar, presently CJM Kargil has been transferred and posted as Sub-Judge Surankote.

According to another order, Geeta Kumari, Munsiff Bishnah and Swati Gupta, Munsiff Samba will swap their places of posting. All the transferred Judicial Officers will move simultaneously after handing over charge to the available judicial officers at their head quarters.