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HC treats petition as PIL, refers it to division bench
Alleged hushing up of RDA scam by SVO
8/17/2015 11:23:43 PM
Early Times Report

jammu, Aug 17: High court (HC) judge B S Walia has treated a writ petition as PIL and directed the Registry to place this matter before the HC division bench in the next regular cause list.
When the matter came up for hearing, the petitioner submitted that there was gross abuse of process of law by the officers of State Vigilance Organization (SVO as an established case of bungling/ corruption in Rajouri Development Authority (RDA) in which then vigilance director had initially approved registration of formal case against the suspect public servants was converted arbitrarily into censure merely on oblique considerations just to shield the influential RDA officers. He submitted that SVO succumbed to the pressure of the suspects and pleaded that the whole matter be monitored by this court till it was finalised as the suspects were highly influential and could derail the investigation.
He submitted that one of the prime suspects in the scam is Mohammad Javed Khan, then RDA Chief Executive Officer, who is presently posted as deputy commissioner, Kishtwar, and the names of other suspect public servants were also required to be made public and forwarded to the state chief secretary who heads the committee for identifying deadwood.
He submitted that the instant case is just a tip of the iceberg about the unfair working of SVO as whenever a big fish is caught, the matters are buried either by recommending Regular Departmental Action or censure and children of lesser God are booked for criminal prosecution.
He said he had reliably learnt that then Director Vigilance Sheikh Owais Ahmed got superannuated on June 30, 2015 and the present case was converted from FIR to censure on June 10 under his seal and signatures and he had approved registration of formal case against the suspect public servants on March 26, 2015 and what transpired between March 26, 2015 to June, 10, 2015 is a million dollar question and needs to be thoroughly investigated. The petitioner argued that he had come to know that there was free for all situation in SVO during the preceding three months prior to the retirement of Owais.
He said he had already moved an RTI Application seeking entire records of the outcome of the verifications/ PEs during the last three months when Owais was in service and the petitioner has inputs that various established cases of corruption against high-ups were buried under the carpet for oblique considerations by him for his future prospects and all this is a matter of inquest.
After considering the submissions, Justice Walia observed that the instant petition involves element of public interest and referred notification No 761 dated October 19, 2011 also called Writ Proceeding Rules, 1997 dealing with the procedure relating to "Writ Petition in Public Interest".
He also referred to Rule 24(3)(f) of the Writ Proceedings Rules, 1997 which speaks of gross abuse of process of law by those who under law have a duty to enforce or administer law and observed that the relief claimed in the instant petition is in public interest and the same is required to be heard by the division bench hearing PILs and directed the Registry to list the petition as PIL before the bench in the next regular cause list. (JNF)
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