STATE TIMES NEWS
JAMMU: Additional Sessions Judge Baramulla (with powers of Special Judge Anti-Corruption) Jatinder Singh Jamwal on Saturday deferred the orders on framing of charges in the much publicised Gulmarg Land Scam for June 25.
A battery of lawyers representing the high profile accuseds Mehboob Iqbal ( retd IAS) Former Divisional Commissioner Kashmir, Baseer Khan (IAS) Former Deputy Commissioner Baramulla, presently Commissioner/Secretary to Government of J&K, Cooperatives Department, Sarmed Hafiz, the then Joint Director Tourism, Rafiq Ahmad, the then Assistant Commissioner Revenue Baramulla, Ghulam Mohi-ud-Din Shah, the then Naib Tehsildar Kunzar, Garib Singh, the then Tehsildar Tangmarg, Farooq Ahmad Shah, the then Additional Deputy Commissioner Baramulla and more than eight top hoteliers of Kashmir Valley, filed their written arguments before the Judge in support of their arguments advanced at the stage of charge/discharge.
On the last date of hearing, Senior Advocate Z.A. Shah, representing the accused, had vehemently argued for the discharge of the accused and submitted that Vigilance Organisation had wrongly booked the accused in this case and on the other hand the Public Prosecutor, representing Vigilance justified the registration of FIR and sought framing of charges against the high profile accused.
The Public Prosecutor had further submitted that the accused public servants entered into a criminal conspiracy with the high profile hoteliers/beneficiaries and deprived the State of valuable land running into crores of rupees.
He further submitted that there was no question of granting of ownership rights to the beneficiaries/ hoteliers when the land was outside the purview of the Roshini Act and had been transferred to Gulmarg Development Authority.
The Gulmarg Land scam came into limelight in 2009 when Vigilance registered FIR 08/09 on March 6, 2009 against the then Divisional Commissioner Kashmir Mehboob Iqbal (IAS), Baseer Khan (IAS) the then Deputy Commissioner Baramulla, Garib Singh the then Tehsildar Tangmarg, Farooq Ahmed Shah the then Additional Deputy Commissioner (now retired), Sarmed Hafiz the then Joint Director Tourism Department, Rafiq Ahmed the then Assistant Commissioner Revenue, Baramulla, Ghulam Mohi-ud-Din Shah Naib Tehsildar Kunzar and the beneficiaries Abdul Hamid Dar, son of Lassa Dar, resident of Chadilaral, Tangmarg, Sayed Msadik Shah, son of Syed Mehboob Shah, resident of Ishar Nishat (attorney holder), Mohd Ibrahim Khan, son of Ghulam Hassan, resident of Wazir Bagh, Srinagar, Essar Smith, Nasik Ahmad Mir, son of Mohd Maqbool Mir, resident of Hari Watnee,Tangmarg, Mohd Afzal Khandey, son of Mohd Rehsan Khandey, resident of Sopore, Gh.Mohammad Matee, son of Aziz Shah Matee, resident of Nageen, Srinagar and Mushtaq Ahmad, son of Ab. Arshad Burra, Mansoor Ahmed Burra, son of Gh. Ahmed (Attorney Holder).
According to FIR, the accused public servants entered into criminal conspiracy with the beneficiaries to illegally possess and vest the ownership on the land in Gulmarg estate when the beneficiaries were not eligible under J&K State Land (Vesting of Ownership rights to the Occupants) Act, 2001 commonly known as Roshni Act.
According to FIR, the accused Garib Singh the then Tehsildar Tangmarg received 34 applications which included the applications of beneficiaries for grant of proprietary rights on the land in Gulmarg estate under the Roshni Act from Jan 12, 2007 to March 31, 2007. It was found that accused Tehsildar in furtherance of criminal conspiracy had resorted to manipulation of records and dishonestly shown received the applications before cut of date—March 31,2007. The FIR further says that the Tehsildar Tangmarg made an enquiry and forwarded the cases of the beneficiaries to Baseer Khan the then Deputy Commissioner Baramulla on different dates varying from June 21, 2008 to July 21, 2008 i.e. much after the convening of meeting of empowered committee on June 4, 2008, falsely certifying therein that the land in question does not belong to any Government Department and is not required for any public purpose.
FIR further said that it was found that Baseer Khan then District Collector Baramulla was informed by his subordinate staff that the applications were deficient and incomplete as per the provisions of Roshni Act but Baseer Khan willfully ignored the information and despite possessing knowledge of the fact that land in question under the occupation of applicants (beneficiaries) stands earmarked for specific use i.e. construction of Hutments etc. in the Master Plan of Gulmarg Development Authority dishonestly under a conspired plan forwarded the case of ineligible beneficiaries to the Empowered Committee constituted under the Roshni Act.
The Vigilance further says that the accused public servants (Members of Empowered Committee) under the chairmanship of Mehboob
Iqbal (IAS) the then Divisional Commissioner Kashmir and Baseer Khan the then Deputy Commissioner, Baramulla and other members of the Empowered Committee derived knowledge from the public documents that the land in question stands earmarked for the specific use i.e. construction of Hutments in the Master Plan of GDA notified vide Govt. order No.137-TSM of 2005 dated June 13, 2005 and cabinet decision No.98/7 dated May 3, 2003 dishonestly vested the ownership of the land to the beneficiaries.
According to FIR, the public servants as a part of criminal conspiracy dishonestly vested the ownership rights of the land measuring 2 Kanals 3 Marlas, 12 Kanals 13 Marlas, falling under Khasra No.812/250, No.889/250 in Gulmarg estate even to attorney holders namely Musadik Shah, son of Syed Masood Shah, resident of Isbhar Nishat and Mansoor Ahmad Burza, son of Ghulam Ahmad who were not entitled to it. It was also found that lease in respect of above land had since expired and all this was done to confer undue benefit upon the attorney holders.
The FIR further says that minutes of the Empowered Committee were issued vide no.DCB/CDA/2008/Roshni/920 dated 06-06-2008. The accused public servants Rafi Ahmad then Assistant Commissioner (Revenue) Baramulla and Garib Singh then Tehsildar Tangmarg subsequently issued notice under section 8(3) of the Roshni Act to accused beneficiaries Abdul Hamid Dar, Mushtaq Ahmed Ganaie, Mushtaq Ahmed Burza, Enar Smith and Manzoor Ahmed Burza respectively to make the payment in lieu of vesting of ownership of land to them under the Act.
The beneficiaries subsequently deposited the part of the price of the land determined by accused public servants as members of Empowered Committee. It is worthwhile to mention herein that after the registration of FIR 08/2009, some of the accused sought the quashment of FIR in Srinagar Wing of the High Court and the State High Court dismissed the said writ petition and gave green signal to the Vigilance to go ahead with the investigation. The Vigilance after completion of investigation sought the sanction for prosecution from the State Government but due to lackadaisical approach the sanction was delayed.
At this stage two social activists of Jammu Sheikh Mohd Shafi and Prof. S.K. Bhalla filed a Public Interest Litigation (PIL) titled Sheikh Mohd Shafi and V/S Union of India and ors in the Jammu Wing of the High Court in which directions were sought to the State Government to accord sanction for prosecution in six high profile FIRs
including FIR 08/09 pertaining to the Gulmarg Land Scam.
A Division Bench of the State High Court headed by then Chief Justice M.M. Kumar after expressing displeasure over the dilatory tactics of
the State Government in September, 2013 had directed the SVO to produce the Challan against Mehboob Iqbal (IAS) the then Divisional Commissioner Kashmir who had retired by that time and other accused in the Court of Special Judge Anti-Corruption Kashmir within two weeks.
The Division Bench also issued directions to the GAD to forward the papers of Baseer Khan (IAS) the then Deputy Commissioner Baramulla for accord of prosecution sanction under Section 6 of Prevention of Corruption Act to the Department of Personnel and Trainings, Government of India as the said officer was in service at that time.
The SVO on the directions of the Division Bench produced a challan under Section 5(2) Prevention of Corruption Act against the Former Divisional Commissioner Kashmir Mehboob Iqbal (IAS) and others in the court of Special Judge Anti-Corruption Srinagar and the VOK also filed a supplementary challan against Baseer Khan after the receipt of the prosecution sanction from DOPT, Govt. of India. The Special Judge Anti-Corruption Srinagar transferred both the challans to the Court of Additional Sessions Judge, Baramulla in view of conferment of powers under PC Act upon the said Court.
Today after hearing a battery of lawyers in this much publicized Gulmarg Land Scam, the Additional Sessions Judge, Baramulla Jatinder Singh Jamwal after receiving the written arguments from the defence lawyers deferred his orders on framing of charges for June 25, 2016.
