VIVEK SHARMA
JAMMU: With maximum cases falling flat during judicial dispensation due to lack of evidence, delayed submission of charge-sheets and ‘lackadaisical’ prosecution, Jammu and Kashmir State Vigilance Organisation (SVO) is reconciled with 37 per cent success rate on the face of comparatively lesser convictions in normal police cases related to crime.
“We remain dependent on staff deployed by the police organization, as the SVO has no dedicated staff of its own”, SVO Director Owais Ahmed told STATE TIMES while commenting over conviction in just five cases out of 17 in Jammu and Kashmir between July 2014 and December 2014.
The SVO Director stressed the need for deploying dedicated staff and not making the organization a dumping ground for those who have no aptitude for the job. He vouuched for independent investigators for the Organisation, who can be properly trained in a professional manner through orientation courses from time to time.
“I have written to the government to increase the SVO staff with some permanent posts,” said Director SVO.
Owais Ahmed, however, expressed satisfaction over higher rate of conviction compared to police cases. He said the SVO has registered 37 per cent conviction rate against 17 per cent by the executive police.
According to half yearly SVO report, out of 47 accused in 17 FIRs, only nine were held guilty in five FIRs while 40 accused involved in 12 FIRs were acquitted after the trial.
From July 2014 to December 2014, the Courts have decided 17 cases and convicted the accused in five cases and acquitted those involved in remaining 12 cases. Trial in 486 cases was pending as on 31st December, 2014.
“Moreover, the formation of State Vigilance Commission (SVC) has further burdened the SVO. This has also decreased our efficiency as with the same staff we have to cater the commission,” added the Director.
Those acquitted in FIR 90/1994 included Sham Lal, the then ASI incharge police post Pouni, Reasi, HC No. 207, Madho Lal, son of Beli Ram, resident of Bhaderwah District Doda, the then posted in police post Pouni (now retired). Constable Ved Vyas No.147/U (acquitted at the stage of 342 Cr.P.C.), Constable Tilak Raj Raina No. 942/U (acquitted at the stage of 342 Cr.P.C.).
On 1st July 2014, accused Sham Lal was sentenced under section 5(2) P.C. Act read with 161 RFC to undergo rigorous imprisonment for a term of three years and fine of Rs. 50,000.
In another case FIR 7/2006, Mushtaq Hussain, the then Patwari Halqa Paloura, Tehsil Jammu, was acquitted on 12th July 2014.
In FIR 17/2009 Madan Lal, the then Head Draftsman, JDA Division No. 1, Jammu was acquitted on 12th July 2014.
In FIR 6/2002, Mohammad Tariq Mir, the then Dy, Director, Social Welfare Department, Jammu, Sat Paul Sharma, the then Section Officer in the office of Dy. Director, Social Welfare Department, Jammu, Farida Akhter, Conductress, Chand Rani Conductress, Mohammad Farooq, Orderly, Mohammad Ayub, Asia Parveen Conductress and Rajni Sharma, Conductress, all from Social Welfare Department were acquitted on 2nd July 2014.
In FIR 11/2009, Vachiter Singh, the then Lineman, PDD, Jhajjar Kotli, Jammu was acquitted on 23rd July 2014 while in FIR 80/1995, Sham Lal, the then Executive Officer, NAC, Katra was convicted in a case of disproportionate assets under section 5(1)(e) read with 5(2) P.C. Act and sentenced to undergo rigrous imprisonment for one year and a fine of Rs. 50,000.
In FIR 6/1998, Bansi Lal Sharma, IPO, DIC Jammu, J.S. Ahluwalia, son of C.S. Ahuwalia, Proprietor Surya Jyoti Devices, Nanak Nagar, resident of Surya Jyoti, H.No.E/3, Lajpat Nagar-II, New Delhi (deceased), S.S. Ahluwalia, son of C.S. Ahluwalia, resident of Surya Jyoti, resident of H.No. E/3 Lajpat Nagar-II New Delhi besides Dr. Ghulam Nabi Qasba, the then Chief Executive, JAKEDA, , Ghulam Qadir Bhat, Assistant Director Marketing, JAKEDA, Shafat Sultan, Assistant Director (Tech.), JAKEDA, J K Nargotra, Assistant Director (Finance), JAKEDA, S.R. Gupta, Joint Director, Industries, Jammu, were acquitted on 31st July 2014.
In FIR 16/2009, Romesh Chander, the Custodian Clerk, EP, Samba was acquitted on 21st August 2014.
In FIR 2/2006, Bhushan Sharma, the then Patwari Halqa Patwar Amb was acquitted on 1st September 2014,
In FIR 12/2005 Bishan Dass, the then SGCT posted as Naib Court, Tehsil Office, Jammu, Kuber Singh Judicial Clerk, Tehsil Office, Jammu, were convicted on 27 December 2014 and sentenced to undergo rigorous imprisonment for two years and fine of Rs. 50,000/-each.
In FIR 10/2006, Mohammad Yoqoob Bhat, the then Patwari Halqa Brari-Numbal, Srinagar and Mohammad Yaseen Kalla, the then Junior Patwari Halqa Brari-Numbal were acquitted on 31st July 2014.
In FIR 6/2007 Ghulam Mohi-ud-Din Bhat, the then AEE Block Office, Shopian was acquitted on 12th August, 2014.
In 119/1998 Mohammad Shaft Shah, the then Executive Engineer, PHE, Division, Handwara, Sartaj Singh Bati, the then Assistant Executive Engineer, PHE, Sub-Division, Kupwara, G.M, Sheikh, the then AEE, PHE Sub-Division Sogam, Abdul Qayoom Bhat, JE, PHE, Sub-Division Kupwara, Mohammad Amin Dar, son of Mohammad Ramzan, resident of Sagipora, Kupwara and Yaseen Shah, son of Ghulam Mohammad, resident of Gangboogh, Kupwara (Contractor) were acquitted.
In 120/1998 Mohammad Shafi Shah, the then Executive Engineer, PHE, Division Handwara, Farooq Ahmad Khooru, the then Assistant Executive Engineer, PHE, Sub- Division Kupwara, Abdul Qayoom Bhat, JE, PHE, Sub-Division Kupwara, Mohammad Yousuf Baba, son of Ghulam Qadir Baba, resident of Drugmulla were acquitted on 13th August 2014,
In 121/1998 Mohammad Shafi Shah, the then Executive Engineer, PHE, Division Handwara, Ghulam Hassan Gojri, the then Assistant Executive Engineer, PHE,Sub-Division, Handwara, Nazir Ahmad Shah, JE, PHE, Sub-Division Handwara, Ghulam Hassan Sheikh, son of Abdul Aziz, resident of Lachmawar, Handwara were acquitted on 13th August 2014.
In 24/2006, Mohammad Abdullah Geelani, the then Junior Assistant/Nazir Tehsil Office, Handwara was sentenced to undergo three years rigorous imprisonment with fine of Rs. 10,000.
In 25/2006 Bashir Ahmad Sheikh, the then Supervisor CAPD Department Mirhama, Circle Kulgam was sentenced to undergo two years rigorous imprisonment and fine of Rs. 3,000 for the commission of offences punishable under section 5(2) read with section 5(1) (d) of PC Act and two years rigorous imprisonment for the commission of offence punishable u/s 161 RPC. In default of payment of fine, he will have to undergo simple imprisonment for a period of three months. Both sentences were ordered to run concurrently.
