In the much publicised Public Interest Litigation (PIL) highlighting encroachment of 20 Lakh Kanals of State Land in the erstwhile State of J&K (now U.T.) by a powerful land mafia in league with Politicians, Bureaucrats, Police Officers and Revenue Officers, a Division Bench of the J&K High Court comprising the Chief Justice Gita Mittal and Justice Vinod Chatterji Koul (through Video Conferencing) in the open court after considering the submissions of Advocate Sheikh Shakeel Ahmed with Advocates Supriya Chouhan, Mohd. Zulkarnain Chowdhary, Irtiza Mushtaq Salaria appearing for the PIL expressed its deepest anguish over the slow pace of the investigation in the much publicized Multi-Crore Roshini Land Scam. The Division Bench also expressed displeasure over the delay in grant of prosecution sanction in three FIRs wherein the sanction for prosecution is pending for the last more than 04 to 06 years
When this much publicized PIL against the land mafia came up for hearing, Advocate S.S. Ahmed pointed out that despite the categoric directions to GAD the required date-wise report has not been filed which shows the non-serious approach of GAD towards Roshini land scam and the issue of prosecution sanction.
Advocate S.S. Ahmed further submitted that out of 17 FIRs pertaining to Roshini Land Scam registered by SVO (now ACB¬) in the years 2014 to 2016 only in 02 FIRs the Challans have been presented whereas in rest of the cases the investigation is going on at Snail’s Pace as the accused involved in these cases are highly influential and are not allowing the investigating agency to pin point the responsibility and in most of the cases the files are shuttling from ACB to GAD and from GAD to SVC. He further submitted that in case investigation of Roshini land scam continued with ACB nothing will be achieved and people will lose confidence in rule of law.
Advocate S.S. Ahmed further submitted that a cruel joke was played by the GAD when it declined Prosecution Sanction of the then Deputy Commissioner, Jammu-Hirdesh Kumar Singh (IAS) presently Chief Electoral Officer, J&K Government with additional charge of Commissioner/Secretary to Govt. of J&K, Transport Department vide Order No.18-GAD (Vig) of 2016 dated June, 27, 2016 in case FIR No.15/2014 P/S VOJ when the request of ACB for Prosecution Sanction should have been forwarded to the competent authority viz. Department of Personnel & Trainings (DoPT), Govt. of India as the DoPT is the Cadre Controlling Authority of the Members of All India Service. He further submitted that how could the prosecution sanction request made by SVO (now ACB) was dealt finally by GAD when the same should have been forwarded to DoPT, New Delhi and this was done with oblique motives to shield the senior IAS Officer.
The Division Bench headed by Chief Justice Gita Mittal took note of the submissions made by Advocate S.S. Ahmed through virtual mode and after expressing displeasure over the non-filing of date-wise report by GAD further directed AAG Raman Sharma appearing for GAD/ACB to comply the directions issued on the last date of hearing and also to deal with the manner under which the prosecution sanction matter of Hirdesh Kumar Singh was dealt at the level of GAD as pointed out by Advocate S.S. Ahmed.
During the course of arguments Advocate S.S. Ahmed invited the attention of the Division Bench towards Miscellaneous Application (MP No.48/2014) filed on March, 13, 2014 on behalf of Ankur Sharma then Law Student of Delhi University seeking entrustment of multi-crore Roshini Land Scam to the CBI. Advocate Ahmed further submitted that the prayer made in this application needs consideration by the Division Bench as nothing substantial was achieved during the last six years by the SVO (now ACB). Advocate Ahmed further submitted that the status report filed by ACB dated July, 28, 2020 speaks volumes regarding the unfair/partial and deliberately delayed investigations involving highly influential accused and senior bureaucrats.
Advocate S.S. Ahmed further submitted that the Roshini Land Scam was unearthed by the report of Comptroller and Auditor General of India (CAG) in their report for the year ending 31st March, 2013 and the Accountant General J&K on March, 8, 2014 held a press conference at Jammu and expressed total non-cooperation from the State Government with regard to the furnishing of the records for audit. He further submitted that more than 500 test check cases were pointed out by Accountant General J&K and till date only 17 FIRs have been registered that too without any substantial progress. The DB headed by Chief Justice Gita Mittal after considering the submissions of Advocate S.S. Ahmed directed the Registry to digitise the entire records of M.A. No.48/2014 and directed the Registry to list this application alongwith main PIL on the next date of hearing.
At this juncture Advocate Sheikh Faraz Iqbal (through virtual mode) submitted that the ACB has been selectively targeting the people in Roshini Land Scam and he invited the attention of the Division Bench to Miscellaneous Application No.4035/2020 filed by him wherein it has been divulged that as to how the SVO left out a case of 40 Kanals of land in District Budgam unfairly and did not care to investigate the matter. Advocate Faraz Iqbal further submitted that the vested interests succeeded in getting this matter hushed up and Advocate Iqbal strenuously argued that his impleadment application may be allowed so that the facts highlighted are taken note of. The Division Bench headed by Chief Justice Gita Mittal appreciated the contentions of Advocate Faraz Iqbal and openly observed, “This is all more a good reason to refer the matter to CBI”. However the DB ordered that this application will remain pending alongwith other fresh applications moved by Advocate S.S. Ahmed, Advocate Himanshu Beotra and Advocate Meenakshi Slathia.
Advocate S.S. Ahmed further submitted that despite the imposition of costs amounting to Rs.10,000/- upon Revenue Department for not filing response in C.M. No.1972/2020 regarding encroachment of 154 Kanals of JDA land in Khasra No.781 situated at Village Deeli (Market Market), Jammu no reply has been filed by Revenue Department. At this stage Senior AAG S.S. Nanda appearing for Revenue Department submitted that he has deposited the cost of Rs.10,000/- today on behalf of Revenue Department. However, the DB was annoyed over the non-filing of the reply by the Revenue Department despite the last opportunity granted on the last date of hearing and the DB directed the personal appearance of Commissioner/Secretary to Govt. of J&K, Revenue Department on the next date of hearing.
Advocate Adarsh Sharma informed the Division Bench that he has filed reply on behalf of JDA to CM No.1972/2020 and requested the Division Bench to extend week’s time to deposit cost of Rs.10,000/- on behalf of JDA. The DB after considering the submissions of Advocate Adarsh Sharma allowed week’s time to JDA to deposit cost of Rs.10,000/-.
The Division Bench further directed Advocate S.S. Ahmed to prepare a comprehensive detail/chart of all the pending miscellaneous applications in the instant PIL after coordinating with the Court Master Sh. Sham Lal within a period of 03 days from today.
Senior Advocate P.N. Raina with Former Deputy AG Asheesh Singh Kotwal, Senior Advocate R.K. Gupta with Advocate Udhay Bhaskar, Senior Advocate M.A. Goni with Advocate Misba Amin and Advocate Ankur Sharma also caused appearance through virtual mode in the instant PIL. JNF