STATE TIMES NEWS
JAMMU: Special Judge Anticorruption Jammu AK Koul Thursday acquitted Varinder Kumar Kohli then Manager SFC, Ravinder Mishra then Assistant Manager SFC and Ulhas Dogra and Kulbir Singh who were facing trial in corruption case, as VOJ failed to prove its case after 20 years investigation and trial.
While acquitting the accused persons from the charges, Special Judge Anticorruption Jammu AK Koul observed that before parting with Court feel that it is duty of Court to put on record that the failure of this case is mainly attributable to the investigating officers, who have dealt with this case from time to time. It need not be emphasized that successful prosecution of a guilty person depends on a thorough and careful search for truth and collection of evidence, which is both admissible and probative. The manner in which police investigations are conducted is of critical importance in the functioning of criminal justice system.
Special Judge Anticorruption Jammu AK Koul further observed that the State Vigilance Organization is a premier investigating agency of the State for a particular category of offences. It has a huge infrastructure and man power at its disposal and it is expected of this agency to deal with the investigation in a responsible and result oriented manner. Investigation includes search for material facts in order to find out whether or not an offence has been committed. The VOJ has a specific task to determine the extent of fraud, the amount of loss and the person involved in the fraud and it is always expected that once a case is registered against a Govt. official or any one else the investigator conducts a very fair investigation so that the truth is unveiled.
While dealing with this case what is discernable is that the case has been investigated by three investigating officers but without any result. How can one expect that the investigating officers after conducting a huge exercise could not form any opinion against any individual. The process of law was set in motion by a person in April 1995. After a decade the charge sheet was laid before the Court and it has taken the Court another decade to reach the final conclusion but at the end of the day what came to the fore is that the investigating officers have dealt with the investigation in a perfunctory and casual manner, which has been in fact the main cause of the debacle of the prosecution case. We need to understand that a period of two decades has been wasted for nothing. How much trauma, inconvenience, financial loss and harassment the accused must have faced during all this time. Is it not a case of wastage of time, energy and resources with no gain. Had the investigating officers used their investigating skills in a proper manner the situation could have been different. If State believed that crime had been committed then the result should have come forth but that has not happened. I may not be wrong in saying that right from day one the investigating officers appear to have lost direction where after investigators went on changing but they could not catch up the right track and ultimately they laid the charge sheet before the Court which ultimately did not succeed. It is painful to notice that no meaningful attempt appears to have been made to ascertain the authorship of certain questioned documents. Certain demand drafts have been issued in the name of a firm, which have been encashed by a stranger and how could that be done and with whose connivance it was possible, has not been ascertained. The investigating officers even could not lay hands on the demand drafts which were allegedly encashed by a person, who had no authority to do it. The role of officers/officials of SFC, who had acted casually in releasing the loan amount in favour of the promoters, has not been ascertained. Simply a cosmetic exercise has been conducted and certain officers booked, who ultimately proved to be innocent. There may be a limitless diversity of new and emerging crime types, which confront and challenge contemporary police officers and the investigators have to be up to date and innovative regardless of the type of the crime, the modus operandi of the accused and the manner in which it has been committed but it is regretful and rather agonizing that the senior investigating officers of this case have not demonstrated at least the basic investigative skills. Less said the better, it is too late now for them to mend the things in this case but at least they should exert to the best of their capability in future to arrive at the truth, if they are still in service.
