A Division Bench of J&K High Court Comprising Chief Justice Gita Mittal and Justice Rajesh Bindal today ordered a CBI probe in the much publicized Roshni Land Scam.
This significant order has been passed in an application NO 48/2014 filed by Advocate Ankur Sharma seeking CBI Probe into the much publicized multi crore 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 directing CBI Probe, Division Bench observed that investigation be entrusted to SP CBI. DB also directed the Chief Secretary, Divisional Commissioners and Deputy Commissioners to provide all the details to CBI.
DB further directed CBI to file status report every eight weeks.
It is worthwhile to mention here that on September 23, 2020, Division Bench reserved its order for CBI Probe.
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 the 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.
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. JNF