Special Judge Anticorruption Jammu YP Boruney today rejected the bail application of one Syed Shakeel-ul-Rehman Additional Secretary J&K Academy of Art, culture and Languages in appointment case.
Special Judge Anticorruption Jammu YP Bourney while rejecting bail observed that the accusations against the applicant having conspired with the other accused and in furtherance thereof subverted/faked the entire selection process for their common object i.e. to select and appoint the applicant not with standing their competence to make selection for such a post especially in absence of clear orders to proceed further with the selection process and even ineligibility of applicant for the post for want of requisite service or even experience on the date of application. He resigned a day before the selection list was made public and order for his appointment was issued, which clearly reflects that he was knowing about his selection even before the declaration of the result. Therefore, the allegations against the accused/applicant adn others are well founded and series of offences alleged to the committed by him and others in the process are henious in nature, which carry imprisonment for life or imprisonment of either description for ten years besides fine. As regards, the possiblity of accused applicant to subvert the legal process and influence the witnesses or tamper with the evidence this court has no hesitation in recording the observations that a person like applicant, who managed and high jacked the entire selection process single handily for securing his appointment to the post for which he was not even eligible to apply by dodging and surpassing the candidates having for superior merit and experience in the field having worked with media organizations like BBC, NDTV, Indian Express Etc of national/international fame, ten years back, can now easily be expected to hell with the witnesses, if given a chance. Rather it is distrubing that he has been allowed to roam freely for too long time even after the indictment and came to be arrested when investigation was nearing completion. Therefore, it would not be in the interest of fair trial to release the applicant on bail at this stage.
It is indeed very distrubing that the secretary of the Academy has gone to the extent of forging the qualification clause by making insertiions and thereby bye-passed the decision of the Central Committee as approved by its President the then Chief Minister of the state, who have been mislead and kept in the dark all along as to the genuiness of the selection process. The manner in which the appointment has been secured to the Public office by the applicant with comparatively insignficant academic record and having post diploma service/experience in the field of managing to secure highest marks in written test and interview on account of the blessings of the Chariman (Secretary of the Academy)of the selection committee and other members by sheer fraudulent means, it would also be against the interest of the society at large to release the applicant on bail at this stage. therefore instant applicant merits dismissal. At the same time, SSP CBJ needs to expedite the completion of investigation, apprehension at the earliest since alot of time has already been lost in the process of preliminary verification and investigaiton.
For the foregoing reasons, instant application is dismissal and let the file be consigned to records after its due completion any observations made herein above are meant for the disposal of instant application only and shall have not come in the way of applicant at later stage of the proceedings.
While rejecting bail court observed that before taking with , I take this opportunity to notify that a lot is said about corruption in public offices and its eradication, however, the sequence of events in the past gives rise to an entirely opposite impression. In the first place, the cases under P.C Act have been been empowered to deal with such cases with a view to expedite the disposal of these cases with eyes shut to the huge pendency before those courts which were already overburdened. with the result, the Special Courts at the headquarters particulaly at Jammu have been rendered without adequate work and the trial of the cases having been adversely affected at the other district due to heavy schedule of those Courts. Now, if these courts are kept without Public Prosecutors for too long, it would frustrate the very purpose of having special Courts for holding expeditious trial of these cases. Rather, it amounts to interference in the Judicial Process. It is hoped that Worthy Chief Secretary will take note and take all necessary steps to ensure that these works smoothly in accordance with the letters and Spirit of the legislation. JNF