HC rejects anticipatory bail of ex-bureaucrat fearing arrest in corruption case
Srinagar : J&K High Court Wednesday rejected an application by a senior-scale KAS officer seeking bail in anticipation of arrest in a case of allotment of land to various industrial unit holders allegedly in gross violation of law.
According to Anti Corruption Bureau (ACB) South Kashmir, Laiq Parvaiz, son of Abdul Kareem Kriyapak of Bulbul Bagh Barzulla Srinagar, at present Green Avenue Airport Road Hyderpora Budgam was posted as General Manger, District Industries Centre Pulwama from June 2017 to ending February 2018.
“During his tenure he made allotments of land in favor of various unit holders in gross violation of Industrial Policy-2016 as well as procedural guidelines issued vide No. 129-Ind of 2017 dated 07.06.2017.”
The accused had sought bail in anticipation of his arrest in connection with case bearing FIR No. 0/2020, registered by Police Station, Anti-Corruption Bureau, South Kashmir, for the commission of offences punishable under Sections 5(1)(d) r/w 5(2) of the J&K Prevention of Corruption Act, Samvat 2006 and Section 120-B of the Ranbir Penal Code (RPC). 05.
The applicant claimed to have retired from government service upon reaching the age of superannuation on April 30, 2019 as Programme Officer, Integrated Child Development, senior-scale KAS cadre post.
The ACB says that as per Industrial Policy of 2016, the allotment of land to unit holders and execution of lease deeds is domain of SICOP/SIDCO and procedural guidelines No. 3.1, 3.2, 4 say “SICOP/SIDCO shall notify new industrial estate and office notified by corporation shall issue that final allotment order within seven days of approval by single window clearance committee.”
Regarding the execution of lease deeds, “the same shall be executed by the allottee and SICOP/SIDCO, as case may be, within 60 days from the date of issuance of allotment order”, it said.
“Laiq Parvaiz the then General Manager not only issued allotment orders qua the land but also executed lease deeds thereof with the unit holders which in view of rules, falls within the competence of SICOP/SIDCO,” it added.
By acting in this manner the General Manager DIC Pulwama, according to the investigating agency abused his official position “for his ulterior motive in league with the unit holders, and has made only selective application of main industrial policy without factoring in the guidelines issued on the subject; and thus conferred undue benefits upon them.”
The applicant officer approached the Court of Special Judge, Anti Corruption, Pulwama, seeking bail in anticipation of his arrest in connection in the case which was dismissed.
Aggrieved thereby, he approached the J&K High Court seeking bail in anticipation of his arrest in the aforesaid case.
Rejecting his application, Justice M A Magray observed the repetition of prayer for anticipatory bail after rejection by the competent court after invoking the power of review of the decision of the earlier court may lead to judicial anarchy about which caution has been sounded by the apex court of the country in umpteen judicial dictums.
He said change in fact situation would never mean any new or additional ground which was earlier available to the accused, but that was not taken on the earlier occasion.
“There is no change of circumstance whereas, it is a case whereupon consideration of the material on record and hearing the submissions of the counsel for parties, the court of competent jurisdiction consciously rejected the prayer for anticipatory bail of the applicant on merits,” Justice Magray said.
He held “there is nothing on record nor any argument has been advanced on behalf of the applicant to show that there has been any substantial change of circumstances after rejection of the earlier anticipatory bail application, which would necessitate reconsideration of the prayer afresh.”