DB reserve judgment on a plea seeking CBI probe in infamous Roshni Land Scam
Today A Division Bench of the J&K High Court Comprising Chief Justice Gita Mittal and Justice Rajesh Bindal through VC had reserved the judgment in an application CMA 48/2014 seeking CBI Probe into the much publicized multicrore land scam in Public Interest Litigation (PIL) highlighting encroachment of 20 lakh kanals of State Land by the powerful land mafia in league with Politicians, Revenue Officials and Police Officers. While reserveing the judgment in the infamous Roshni Land scam, Division Bench expressed its deepest anguish over the inordin ate delay in the multicrore scam unearthed by the report of CAG.
During the course of hearing Advocate Ankur Sharma submitted that given structural problems and political interference crippling the ACB, both of which are reflected in its conduct of last 6 years of investigation, the time is ripe to bring in an independent and professional agency like CBI for investigation. The conduct of ACB is “Suspect” and we can’t have suspects investigating the suspects. He further added that since beneficiaries include Ministers, politicians, IAS/KAD officers, the ability of the UT ACB is crippled from within.
Advocate Ankur Sharma while referring to CAG’s Report No. 1 of 2014 brought attention of the court towards encroachment of 20 Lakh Kanals of State Land and an estimated loss of Rs 25,000 Crores to the State Exchequer by criminal and wrongful implementation of Roshni Act. He emphasised that given its nature and quantum, Roshni Scam is unprecedented in the history of J&K and finds no parallel in modern Democracies. Ankur Sharma said that the scam is an Act of War against the general public and unless the culprits are sent behind bars, confidence of the general public in Democratic Institutions will further wither away eroding legitimacy of the State itself. The first step in ensuring that Justice is done is to bring in an independent agency for investigating the matter. Therefore, a CBI enquiry is the least we can start with.
After hearing Adv SS Ahmed in the PIL NO 19/2011 appearing for the petitioner whereas Sr. AAG SS Nanda appearing for the UT Govt, AAG Raman Sharma for ACB/GAD, Adv Sheikh Faraz Iqbal for interveners/beneficraies of Rohsni, Adv Adarsh Sharma for JDA, Sr. ADV MA Goni appearing for occupants of State Lands, Sr. Adv RK Gupta with Adv Udhay Bhaskar, Sr. Adv PN Raina with Adv JA Hamal, DB came down heavily on the slackness on the part of ACB and the delay by the sanctioning Authiority (GAD) on sitting over the sanction matter and made open observations in the court that it appears the attempt was made to shield the accused in the Roshni Land Scam.
Adv SS Ahmed drew the attention of the Division Bench towards the various interims orders of the Division Bench wherein displeasure was expressed with regard to Deputy Commissioners of Six districts who intentionally and deliberately delayed the handing over of records to the SVO now ACB. He further submitted that Accountant General J&K also accused J&K Govt for not cooperating with the audit teams and Accountant General was compelled to hold a press conference highlighting indifference of the J&K Govt. Adv Ahmed further submitted that from 2013 to 2020 challan was presented only in two FIRs whereas investigation is pending in 10 FIRs and prosecution sanction is awaited in three FIRs and in two cases FIR have closed as not Proved.
Adv SS Ahmed vehemently argued that Senior Bureaucrats, politicians and high profile personalities of J&K UT are involved in this Roshni Land Scam and there can be no fair investigation as the level of ACB as the tentacles of these beneficiaries are in the corridors of power. He further submitted that the power land mafia has succeded in scuttling the investigation in the biggest ever land scam in J&K. He further submitted that only CBI can unearth the entire scam.
Adv SS Ahmed further submitted that only High Court monitored CBI investigation would bring the culprits to book as nothing has been achieved since 2013 to till date.
Adv Sheikh Faraz Ahmed also advanced arguments and submitted that the case should not be entrusted to CBI. He also highlighted that beneficiaries being representing by him never availed the benefit of Roshni Scheme and they have been falsely implicated in the Roshni Land Scam.
SS Ahmed also drew the attention of CMA NO 1972/2020 highlighting encroachment of 154 Kanal of JDA Land as Village Deeli District Jammu. He further highlighted that in his status report, the Divisional Commissioner Jammu has stated that Deputy Commissioner Jammu has constituted a four members team to effect demarcation of the said land and to indentify the encorachers. Adv Adarsh Sharma appearing for JDA submitted that after demarcation the JDA will take action against the encroachers. Sr. AAG SS Nanda submitted that an interim report has been filed by the said committee and one month time may be extended for submitting the final report.
After considering the submissions of both the sides, Diviision Bench reserved its order both on entrustment of Rohsni Land scam to CBI and also in application NO 1972/2020