SRINAGAR: A Public Interest Litigation filed by Prof S K Bhalla highlighting organized land grabbing by the Politicians, Police Officers, Bureaucrats in league with land mafia took a new turn on Monday when the petitioner filed a fresh miscellaneous petition in the ongoing Public Interest Litigation (WPPIL No.19/2011) seeking appropriate directions to the Chief Secretary, J&K Government and Commissioner/Secretary to Govt. of J&K, General Administration Department to forward the papers/final investigation report of FIR No.06/2014 P/S VOJ and FIR No.15/2014 P/S VOJ to the Department of Personnel and Training, Govt. of India for obtaining the prosecution sanction under Section 6 of Prevention of Corruption Act in respect of Sudhanshu Pandey (IAS) the then Divisional Commissioner, Jammu presently Joint Secretary, Ministry of Commerce, Govt. of India and Hirdesh Kumar Singh (IAS) the then Deputy Commissioner Jammu presently Commissioner/Secretary to Govt. of J&K, Housing and Urban Development Department in the infamous Roshini Land Scam which came to be unearthed by Accountant General, J&K.
In the miscellaneous petition it is divulged that in the last status report filed by Alok Puri (IPS) Inspector General of Police, State Vigilance Organization in the aforementioned PIL it was submitted that in case FIR No.15/2014 P/S VOJ the investigation of the case was concluded as proved against Hirdesh Kumar Singh (IAS), the then Deputy Commissioner, Jammu and eight others and accordingly vide communication No.VO-FIR-15/2014-J-4905-06 dated 01-04-2015 the case was forwarded to General Administration Department for accord of sanction for prosecution of in-service public servants as envisaged under Section 6 of J&K P.C. Act Svt. 2006 and the prosecution sanction in the matter is awaited since 01-04-2015 to till date.
It was further revealed in the said status report that in case FIR No.06/2014 P/S VOJ the investigation of the case was concluded as proved against Sudhanshu Pandey (IAS), the then Divisional Commissioner Jammu, Hirdesh Kumar Singh (IAS) the then Deputy Commissioner, Jammu, Rajinder Singh the then ACR, Jammu (Now Retired) and four others and the case has been forwarded to GAD for accord of sanction for prosecution of in-service public servants by the competent authority as envisaged under Section 6 of J&K PC Act vide Vigilance Organization Communication No.SVO-FIR-06/2014-J-20657-58 dated 31-12-2015 and the prosecution sanction in the matter is awaited since 31-12-2015 to till date.
In the petition it is further stated that from the perusal of the status report of SVO it is made out that sanction in respect of the in-service public servants including Sudhanshu Pandey and Hirdesh Kumar Singh is awaited since 01-04-2015 and 31-12-2015 respectively and it is established beyond any iota of doubt that the Chief Secretary, J&K Government and Commissioner/Secretary to Govt. of J&K, General Administration Department are intentionally and deliberately sitting over the matter and more shockingly the petitioner has come to know that the said high dignitaries despite request made by SVO did not forward the papers of Sudhanshu Pandey (IAS) and Hirdesh Kumar Singh (IAS) to the Department of Personnel and Training, Govt. of India for obtaining prosecution sanction as envisaged under Section 6 of J&K Prevention of Corruption Act in aforementioned two FIRs.
The petition, according to CNS, states that the DOPT, Govt. of India vide its two communications No.142/5/2016-AVD(I/C) dated 07-06-2016 in response to RTI Applications divulged that no proposal for prosecution sanction against Hirdesh Kumar Singh (IAS) in FIR No.15/2014 and FIR No.06/2014 and Sudhanshu Pandey (IAS) in FIR No.06/2014 has been received from Government of J&K under Prevention of Corruption Act. The petitioner has further alleged that from the conduct of the Chief Secretary, J&K Government and Commissioner/Secretary to Govt. of J&K, General Administration Department it is amply clear that both are hell bent to shield their brotherly IAS Colleagues from the dragnet of law and this process of shielding high profile bureaucrats has been going on un-abated as in respect of another high profile FIR No.08/2009 VOK (infamous Gulmarg land scam) the General Administration Department despite prima facie case established against the then Divisional Commissioner, Kashmir Mehboob Iqbal (IAS) since retired and Baseer Ahmed Khan (IAS) the then Deputy Commissioner, Baramulla did not forward the papers to DOPT for obtaining sanction and subsequently the Division Bench on 28-08-2012 in WPPIL No.09/2012 titled Sheikh Mohd. Shafi & Anr V/s Union of India & Ors had directed the State Vigilance Organization to file the challan against superannuated Divisional Commissioner Kashmir Mehboob Iqbal (IAS) in the court of law and also issued directions to the GAD to forward the papers of Baseer Ahmed Khan (IAS) to the DOPT within two weeks.
In the petition it is further stated that the Division Bench may take a judicial note of the acts of omission and commission of the Chief Secretary, J&K Government and Commissioner/Secretary to Govt. of J&K, General Administration Department who instead of taking prompt steps in the matter preferred to lie low simply for the reasons that the accused involved are high profile IAS Officers and are Members of All India Service.
In the Miscellaneous Petition the petitioner has prayed that appropriate directions be issued to the Chief Secretary, J&K Government and Commissioner/Secretary to Govt. of J&K, General Administration Department to forward the papers/final investigation report of FIR No.06/2014 P/S VOJ and FIR No.15/2014 P/S VOJ to the Department of Personnel and Training, Govt. of India for obtaining the prosecution sanction under Section 6 of Prevention of Corruption Act in respect of Sudhanshu Pandey (IAS) the then Divisional Commissioner Jammu presently Joint Secretary, Ministry of Commerce, Govt. of India and Hirdesh Kumar Singh (IAS) the then Deputy Commissioner Jammu presently Commissioner/Secretary to Govt. of J&K, Housing and Urban Development Department. The petitioner has further prayed that directions be issued to the SVO to forthwith present challan in respect of other accused whose sanction is not required in the aforementioned two FIRs.
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