Srinagar: The Court of Special Judge Anti-Corruption Kashmir (ICBI) has framed charges against three ex-Indian Administrative Service (IAS) officers, Basharat Ahmad Dhar, Mehboob Iqbal his brother Ejaz Iqbal and others under Section 120-B (Criminal Conspiracy) and J&K prevention of Corruption Act.
Besides Basharat Ahmad Dhar (IAS) S/O Ghulam Ahmad Dhar, resident of Jeelanabad, Peerbagh, Airport Road, Srinagar; Mehboob Iqbal (IAS) S/O Dr S M Iqbal of Chakka, Bhaderwah, Jammu; Ejaz Iqbal S/O Dr SM Iqbal, R/O Chakka, Bhaderwah, Jammu, charges were also framed against officers and officials including Mushtaq Ahmad Malik S/O Ghulam Hassan Malik R/O House 332, Jawahar Nagar, Srinagar; Akram Khan S/O Ghulam Hasan Malik, R/O Village Aripal, Tral, Pulwama, presently at House No. 422 Jawahar Nagar, Srinagar.
The officers allegedly hatched a criminal conspiracy with one Sajad Parvez S/O Talib Hussain R/O Baghat-e-Barzulla, Srinagar, presently Bagh-e-Hyder, Near Rahim Motors, Hyderpora, Srinagar.
The officers allegedly abused their official position and bestowed the ownership rights upon the prime state land in favour of accused Sajad Parvez. It is also alleged that the accused persons have deliberately reflected the land as residential area instead of commercial land and thereby conferred pecuniary benefit of Rs 31, 55,625 upon the beneficiary Sajad Parvez and corresponding loss to the government.
Though the act of the official accused appears to be done while performing their official duties, but it is not the part of official duty of a public servant to illegally vest ownership rights of prime state land in favour of private individual by abuse of their official position, recorded the court saying the abuse of the official position amounts to dishonesty which is not the official duty of public servant.
Therefore, the power of the court to take cognizance without obtaining sanction in terms of section 197 CrPC is not barred in the facts and circumstances of this case, it said further.
The anti-corruption judge Chander Katal said “keeping in view the above said discussion, the evidence assembled by the investigation agency on its face value reveals that the accused officers in league with the beneficiary Sajad have abused their official position as public servant and bestowed undue benefit upon him by vesting ownership rights of prime location State Land for which the (A-6) was not entitled & caused huge loss to the exchequer.”
He said at this stage it cannot be said that there is no sufficient ground for proceeding against the accused persons and discharge is the only remedy.
“The prima facie case is made out for framing the charge U/Sec. 120-B/RPC r/w section 5(1)(d)/5(2) of J&K PC Act. Svt. 2006 against accused 1 to 6, they have been chargesheeted accordingly.”
However, he held that offences U/S 420 (cheating) RPC are not made out and were accordingly dropped.
An FIR no. 26/2015 initially came to be registered by the vigilance organization Kashmir (now ACB Kashmir), thereafter, the investigation of the case was transferred to CBI when the J&K High Court directed in a PIL by one SK Balla against the officers and the beneficiary.
Accordingly, CBI registered the case RC 1232020A0004 in 2020 for offences U/S 120-B/420/RPC & Section 5(1)(d) r/w 5(2)J&K P.C. Act Svt. 2006.
The case of CBI is that in the year 2007 ownership rights of State land measuring 7 kanals and 7 marlas under khasra No. 216 min, 217 min & 218 min Estate Nursingh Garh site Shaheed Gunj have been vested in favour of Sajad Parvaiz (A-6) herein @ 45 lakhs per kanal by empowerment committee in its meeting held on 28.04.2007.
The beneficiary Sajad Parvez was not legal occupant in terms of Section 2(e) of State land (vesting of ownership rights to the occupants) Act as he was only authorized agent of lessee Ashok Sharma and Bipin Sharma by virtue of special power of attorney.
As per the provision of Act where the land is for residential as well as commercial use, the rate of commercial category shall apply, but the empowerment committee changed the category of residential merely on the plea of applicant and thereby caused loss to the State exchequer.
The said land was originally leased to Ashok Sharma and Bipin Sharma, sons of R.L. Sharma, for a period of 40 years w.e.f 14.04.1949 up to 13.04.1989 and later lease was renewed for further period of 19 years w.e.f 13.04.1989. In this regard fresh lease came to be executed on 27.07.2003 between Tehsildar Nazool Srinagar and the lessee Ashok Chander Sharma and Bipin Sharma. The lease was extended upto 13.04.2008.
After renewal of lease up to 2008, the original lessee Ashok Sharma & Bipin Sharma executed a special power of attorney on 06.12.2003 in favour of Sajad Parvaiz and also executed sale agreement on 08.12.2003 with Sajad Parvez for an amount of Rs 56 lakhs.
Special Power of Attorney Sajad Parvez was an authorized agent of original lessee, agreement to sale being irrelevant as the government being de jure owner of lease property.
The Nazool department after coming to know the sale agreement of lease property in violation of land grant act recommended the eviction process to be initiated as per the provision of the act.
Subsequently, on 26.02.2004 the Estate Commissioner Nazool sent a notice to the lessee Ashok Sharma and others.
In June, 2004 Sajad Parvez (A-6) applied for vesting of ownership rights of said land with the plea that lessee have authorized deal by virtue of Special Power of Attorney to deal with land as the lessees are no longer interested in carrying further improvement and are not willing to acquire the property rights, etc.
The application was processed as per Section 06 of Roshni Act. 2004 and was forwarded to Nazool department for field verification. During verification Pathwari/Girdawar/Naib-Tehsildar reported that land measuring 7 Kanals and 7 marlas is leased out to Ashok Kumar & other upto 2008 and presently in occupation of Sajad Parvez by virtue of Power of Attorney.
The Assistant Commissioner Nazool forwarded the case to empowered price fixation committee, and mentioned that Sajad Parvaiz is authorised legal representative of the original lessee Ashok Sharma & Bipin Sharma, and after seeking prevalent market rate of the estate from territorial Tehsildar who has vide letter dated 12.06.2004 intimated the rate of Rs 20 lakhs per kanal.
The Empowered Committee headed by the then Divisional Commissioner Basharat Dhar on 29.04.2007 decided to forward the case to Deputy Commissioner Srinagar Ejaz Iqbal who was the custodian of migrant property under J&K Migrant Immovable Property (Protection And Retention On Distress Sale) Act for no objections. As per Section 03 Migrants Property Distress Sale Act, the permission for any alienation regarding migrant property was vested with Divisional Commissioner Kashmir and there was no significance in getting such NOC from DC Srinagar.
