Anticorruption Bureau Kashmir has filed final report in FIR 03/2003 u/s 5 (2) P.C. Act r/w 120-B RPC pursuant to outcome of preliminary enquiry which revealed that Shri Sheikh Fazal Ahmad then Secretary J&K Sports council abused his official position in active convenience with Shri Yousuf Bashir Bandey issued certificate of possessing outstanding proficiency in sports (football) which facilitated the beneficiary in getting admission in MBBS in year 2002.
Special Judge Anticorruption Kashmir RN Wattal after gone through the Final report submitted by the ACB Kashmir, investigating officer has conducted the investigation in a biased manner without looking into the criteria of proficiency in the sports of beneficiary Yousuf ul Bashir Ahmad Bandey with other contemporaries. I as such do not subscribe the view taken by Investigating officer while investigating the case. Resultantly the final report is returned back to SSP Vigilance with a direction to re-investigate the matter himself or through any officer not below of the rank of DSP.
Special Judge Anticorruption Kashmir RN wattal further observed that the re-investigation should be done in light of above observation made by this Court that 5. Participation in the National Games and a player possessing outstanding proficiency are two different connotations. A player participating in any National Game like football, volleyball, badminton, tennis, etc., may not be a player possessing outstanding proficiency in the concerned game. An outstanding proficient player is indeed a participant but a participant is not necessary a proficient player. Moreover the list of participants from State in these National Sports events is not on the file. What was the criteria to choose only the beneficiary Yousuf ul Bashir Ahmad Bandey out of the other participants and label him a Player possessing outstanding proficiency does not transpire from final report. The investigation has been conducted in slip shod manner without looking into said aspect of the case. The investigation to elucidate this apect of the case has been left out by the investigating officer. JNF