GULMARG LAND SCAM: ACB Filed Supplementary Charge Sheet confirming/ratifying its earlier investigation

 In a major development in the much publicized ‘Gulmarg Land Scam’ arising out of case FIR No.08/2009 under Section 5(1)(d) r/w 5(2) Prevention of Corruption Act 2006 and Sections 120-B, 468, 471 RPC and Section 17 of J&K State Lands (Vesting of Ownership Rights to the Occupants) Act, 2001 wherein 1st Additional Sessions Judge/Special Judge Anti-Corruption, Baramulla-Naseer Ahmed Dar on June 11, 2020 had directed the Anti-Corruption Bureau (ACB)/Vigilance Organization Kashmir to further investigate/examine the matter particularly the effect of the material/documents as referred by the High Court in its Judgment dated October, 15, 2018 in case titled Mehboob Iqbal V/s State of J&K & Ors and the trial Judge after considering the submissions at the stage of framing of charge/discharge had further directed the ACB Kashmir to investigate on the aspect what impact these documents/material would have with regard to the involvement of the accused in FIR No.08/2009 and the ACB was directed to submit supplementary charge sheet/report before the Court within a period of 04 months and the matter had been directed to be put up alongwith supplementary charge sheet/report on October, 10, 2020.

          When this matter came up for hearing on October, 10, 2020 before the Court of Special Judge Anti-Corruption Baramulla, the Anti-Corruption Bureau Kashmir pursuant to the directions passed on June, 11, 2020 filed a supplementary charge sheet wherein the Anti-Corruption Bureau Kashmir has confirmed/ratified its earlier investigation and it has been divulged in the supplementary charge sheet that after further investigation the ACB has concluded that after careful examination of the matter, it has reached to a conclusion that the documents and the material sought to be relied upon by the accused the reference of which has been made by the High Court vide its order dated 15-10-2018 do not alter the culpability of the accused in the commission of crime. The Special Judge Anti-Corruption Baramulla has taken the supplementary charge sheet on record and now the matter is to be heard for framing of charge/discharge.

It may be recalled that Vigilance Organization Kashmir (VOK) in 2009 had registered FIR No.08/2009 (infamous Gulmarg land scam) against 20 accused including Mehboob Iqbal (IAS) the then Divisional Commissioner Kashmir, Baseer Ahmed Khan (IAS) the then Deputy Commissioner Baramulla, Farooq Ahmed Shah the then Additional Deputy Commissioner Baramulla, Garib Singh then Tehsildar Tangmarg, Ghulam Mohi-ud-Din Shah then Naib-Tehsildar Kunzar and Top Hoteliers of Kashmir Valley Mushtaq Ahmed Ganie alias Chaya son of Abdul Aziz Ganie R/o Nishat Srinagar, Mushtaq Ahmed Burza son of Ghulam Ahmed Burza R/o Ishbar Nishat Srinagar, Manzoor Ahmed Burza son of Ghulam Ahmed Burza, Manzoor Ahmed Khan S/o Ghulam Mohd. Khan, Mohammad Ibrahim Khan son of Ghulam Hassan Khan and others.

It is not out of place to mention here that the records of Gulmarg land scam will be examined and put to sustained scrutiny and further investigation by the Central Bureau of Investigation (CBI) in view of the recent landmark Judgment of the Division Bench of J&K High Court in the infamous Roshini Land Scam as the Division Bench in its Judgment has categorically directed that, “In all cases in which charge sheets stand filed by the Anti-Corruption Bureau in the Courts, the CBI shall conduct further and thorough investigation, and, if necessary file additional charge sheets in those cases”