Srinagar: The High Court of Jammu & Kashmir and Ladakh on Wednesday admitted a criminal appeal filed by a former Tehsildar of Chadoora, challenging his conviction in a corruption case dating back to 2010.
The court also took serious note of “procedural lapses” in jail documentation and directed the Superintendent of Central Jail Srinagar to explain circumstances.
The case arises out of FIR No. 20/2010 registered by the then Vigilance Organization Kashmir, now Anti-Corruption Bureau Srinagar, against the then Tehsildar, Mohammad Akram Khan, a resident of Sanat Nagar, Srinagar.
The FIR alleged that the Tehsildar demanded a bribe from complainant Tasaduq Hassan Bhat in connection with a land dispute involving his family.
According to the prosecution, the accused sought illegal gratification for resolving a dispute between the complainant’s father and his uncle. A trap was subsequently laid, leading to the alleged recovery of ₹20,000 from the appellant’s residence.
The Special Judge, Anti-Corruption Srinagar, had convicted Khan under Section 161 of the Ranbir Penal Code while acquitting him of charges under the Prevention of Corruption Act. Taking a lenient view, the trial court sentenced him to one year of simple imprisonment along with a fine of ₹20,000.
Challenging the trial court’s findings, the now-retired Tehsildar approached the High Court.
Admitting his appeal, Justice Rahul Bharti observed that there was “prima facie merit” in the appellant’s contention that the conviction was questionable due to “inconsistencies in the complainant’s testimony”. The court noted that such contradictions warranted closer scrutiny during appellate proceedings.
“The sentence imposed upon the appellant is hereby suspended and, consequently, the appellant is admitted to bail on personal as well as surety bond of ₹1 lakh each,” the court ordered.
Significantly, before concluding the order, Justice Bharti flagged procedural irregularities in the execution of the appeal documents.
The bench observed that the memo of appeal, affidavits and ‘Vakalatnama’ bore no seal, stamp, or endorsement confirming that they were signed in the presence of the Assistant Superintendent, Central Jail Srinagar.
Emphasizing the need for procedural accountability, the court directed the Registrar Judicial, Srinagar, to seek a detailed explanation from the jail authorities regarding the lapse.
The appeal has been admitted, notice issued to the respondents, and the matter will now be taken up for detailed hearing.
