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Court rejects bail of Naib Tehsildar in disproportionate assets case

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JAMMU: Special Judge Anti-Corruption Kashmir R N Wattal rejected bail application of Abdul Rashid Malla, Naib Tehsildar, Rawalpora (Srinagar) in disproportionate assets case.
According to Anti-Corruption Bureau J&K, a verification was conducted to look into allegations of raising assets disproportionate to known source of income by one Ab Rashid Malla, Naib Tehsildar, Rawalpora, Srinagar which revealed that suspect is in possession of huge assets in shape of immovable/moveable properties in his own name as well as his family members, which he has acquired from 2008 to 2019, including four shops and land beneath near Grid Station, Chadoora, Budgam; Shopping complex at Doyan Chadoora; Huge Palatial House at Hassipora, Chadoora; House situated near Imambada Chadoora; Huge Palatial House at Perbagh, Iqbal Colony Rawalpora, Budgam; Big patch of land around 2.5 Kanals at Dawalatpora, Chadoora; land with structure at Hassipora, Chadoora and two luxurious vehicles.
The ACB further submitted that expenditure incurred and value of assets acquired by him are found to be disproportionate to all sources of lawful income earned by him from all known sources as the suspect has received total salary of only Rs. 45 lakh w.e.f., 2008 to 2019. The aforementioned facts constitute commission of offence under sections 5(1)(e) read with 5(2) PC Act. Consequently, a case was registered at Police Station ACB against the accused and investigation of case was accordingly initiated. The search warrants issued by the court were executed in accordance with procedure and concluded peacefully and its report was produced. The accused was arrested on December 4, 2020 and is presently on police remand.
Further the investigation of the case is initial stage and custody of the accused is required for questioning, etc to unearth rest properties acquired by him in various places of Dist. Srinagar/Budgam. Besides, there is every apprehension/possibility that he may influence witnesses and may tamper with crucial evidence being Naib Tehsildar, which will prove detrimental for just and logical investigation of the case. During questioning, the accused has disclosed acquiring of number of properties and aforesaid properties are subject to investigation in order to proceed ahead with investigation accordingly, as such the bail application moved by accused may be rejected. 4. In his objections, the learned Spl. PP firstly reiterated contents of the police report and further opposed the application on the grounds that accused is misleading the court by mentioning the fact that allegations leveled against him are baseless or not well founded. The fact of the matter that FIR has been registered against him which owes its origin to a verification conducted by the ACB, Kashmir, during which it was revealed that the accused was functioning as Naib Tehsildar, Rawalpora, Srinagar and by way of abusing his official position has accumulated huge wealth which is disproportionate to his income received through salary, the detail of which is mentioned in the report of ACB.
Special Judge Anticorruption Kashmir R N Wattal after hearing both the sides observed that in recent times we are witnessing the plague of corruption effecting every department with certain exceptions. The influx of corruption and its intensity is much in revenue department where the officers/officials indulge in acts of corruption so as to mint money to become rich in very short period of time. The petitioner being Naib Tehsildar has accumulated disproportionate assets to his known source of income and this case has assumed public importance and any concession of bail in favour of petitioner will be denounced by the society and faith of a common man on this esteemed institution may be eroded, same may encourage those who believe in resorting to corrupt practices to mint money. On this count the petitioner does not deserve the concession of bail, at this stage. With these observations, the Court rejected the bail application.

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