SrinagarSpecial Judge Anti-Corruption Srinagar Yashpal Bourney on Wednesday said that it is high-time for the Jammu and Kashmir to establish a full time specialized agency akin to central bureau of investigation to selectively deal with corruption.
I feel it my bounden duty to put on record that corruption is an extraordinary phenomenon and therefore, special skills are required to unearth such crimes of the magnitude which have a deep sacrilegious impact upon our society as a whole. Therefore, much to the special laws, it requires extraordinary grit, commitment and an unrelenting tirade, if corruption is to be weeded out from public life, the court said in a verdict, sentencing former BOPEE chairman Mushtaq Ahmad Peer and others in 2012 CET scam . However, the court said, much to the astonishment, the crime hasnt evoked the adequate response as the punishment for the crime has been reduced when it should have otherwise been the case.
Investigation, more particularly of heinous/organized crimes including economic offences involves special skills which cant be anybodys and everybodys cup of tea and requires specially trained fulltime investigators, who further need to be trained as well as augmented with latest skills and tools.
Free fair and complete investigation into every aspect of any crime is the sine qua non being basic foundation for the just trial disposal of the any case, the court said.
It is for the reasons only that corruption at high places continues to elude and pose a serious challenge to the law enforcing agencies. Therefore, simply naming the agencies differently would not be enough given the gigantic proportion of the problem when same men are made to perform different jobs randomly. At one point of time they regulate traffic, at another occasion, fight militancy and on another occasion maintain law and order. They seldom have the opportunity of investigating the cases of serious frauds of like nature for which they are chosen without any background in the field of law or any specialized training, the court said, adding, It is high-time for the STATE LIKE OURS, HAVING THE PRIVILEGE OF HAVING ITS OWN LAWS, TO BE A TREND-SETTER BY TAKING THE LEAD IN ESTABLISHING A FULL TIME SPECIALIZED AGENCY AKIN TO CENTRAL BUREAU OF INVESTIGATION in place agencies with different names in larger interest of justice.
Equally important, the court said, it is that the various functionaries and officials of the Government as well as other organizations extend their full support and co-operation to the investigating agencies. Any lapse in this regard should be viewed as serious criminal misconduct. As noticed in the case some witnesses who happen to be the bank officers, have not certified the statements of accounts issued by them as required under law and have gone further to make revering statements during the trial and have also maintained silence about some vital aspects.
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