STATE TIMES NEWS
JAMMU: A Division Bench of the State High Court comprising First Puisne Judge Justice Sudhakar Ramalingam and Justice B.S Walia on Wednesday in a significant order directed Senior Additional Advocate General Seema Shekher to file a complete chart of the 147 Departmental Enquiries pending against various officers, indicating the progress achieved so far. The Bench sought the chart/status report to be filed in a sealed cover by or before the next date of hearing.
The Division Bench also allowed time to Senior Advocate B.S Salathia and Advocate Meenakshi Salathia, appearing for newly impleaded respondent Commissioner/Secretary, Housing and Urban Development Department Hirdesh Kumar Singh to file his response to a Miscellaneous Petition moved by the petitioners, seeking his transfer to a non-sensitive post owing to his alleged involvement in the infamous Roshni Land Scam.
When the much publicized PIL titled “Sheikh Mohd Shafi and others V/S Union of India and others” came up for hearing on Wednesday, Advocate Sheikh Shakeel Ahmed with Advocate Supriya Chouhan, appearing for the petitioners, submitted that the main focus of the instant PIL is the menace of corruption in State of J&K and originally the petitioners had claimed sanction for prosecution against tainted bureaucrats /politicians in 6 FIRs registered with the State Vigilance Organization (SVO).
Advocate Ahmed further submitted that there was delay on the part of the State Government to accord prosecution sanctions against the high profile bureaucrats which compelled the petitioners to file the present PIL and subsequently the Division Bench passed several orders which made the GAD to move and accordingly the sanctions were granted and prosecution was launched against the accused involved in the various scams including in the infamous Gulmarg Land Scam and further submitted that from time to time the scope of the instant PIL was enlarged by the Division Bench looking into the vital issues viz; non providing of infrastructure/ staff to various Anti-Graft Commissions like State Accountability Commission, State Information Commission, State Vigilance Commission etc.
Advocate Ahmed further submitted that the Division Bench also removed the then Deputy Commissioner, Srinagar from the coveted post in view of his alleged involvement in Gulmarg Land Scam. He further submitted that by a landmark Judgment the Division Bench in the instant PIL removed a tainted Chairman J&K Board of School Education on the ground of his facing serious corruption allegations.
Today the Division Bench also witnessed heated arguments between the counsel for the petitioners Sheikh Shakeel Ahmed and Senior Advocate B.S. Salathia appearing for Hirdesh Kumar Singh.
In the open court, Senior Counsel Salathia launched a scathing attack on the credibility of the petitioners and also accused them of media trial of his client i.e. Hirdesh Kumar Singh and sought a gag order from the Division Bench. He submitted that on mere allegations the petitioners cannot tarnish the image of a seasoned bureaucrat, who is a future Chief Secretary of the State in view of his impeccable integrity and meritorious academic record.
On the other hand, Advocate S.S. Ahmed while resisting the arguments of the Senior Counsel B.S. Salathia submitted that India is a democratic country and freedom of speech and expression is a cherished fundamental right and the people of the State have a right to know about the functioning of the various institutions established under law.
Advocate Ahmed further submitted that Hirdesh Kumar Singh is not a holy cow as projected by Senior Counsel B.S. Salathia as the State Vigilance Organization has booked him in case FIR No.06/2014 and also in case FIR 15/14 VOJ (in the infamous Roshni Land Scam) and after completion of investigation in both the FIRs as proved the Inspector General of Police State Vigilance Organization (SVO) has sought prosecution sanction from GAD against the in-service officers including Hirdesh Kumar Singh. Advocate Ahmed further submitted that the GAD in turn is on the shielding exercise and has not so far forwarded his papers to the Department of Personnel and Trainings Government of India to accord of prosecution sanction and also drew the attention of the Division Bench in the open court towards the Miscellaneous Petition highlighting the non-filling up of the posts of Chief Information Commissioner and Information Commissioner in the State Information Commission. Senior AAG Seema Shekher sought some more time to respond to the said Miscellaneous Petition.
At this stage, the Division Bench advised the petitioners’ counsel S.S. Ahmed to move a formal application for segregating the said Miscellaneous Petition so that the same is taken up in an independent PIL.
The Division Bench in view of the urgency and public interest involved directed the registry to fix this PIL for further proceedings on 1st August, 2016.
