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| Former SHO found guilty in corruption case | | Awarded 1 year RI | | EARLY TIMES REPORT
Jammu, Aug 25: Special Judge Anticorruption Jammu AK Koul today sentenced the former SHO P/S Nagrota Muzaffar Ahmed Malik s/o Mohd Khazar Malik r/o Shopian Kashmir presently posted in Crime Branch Kashmir for demanding and accepting Rs 25000 bribe from Mahant of Sheetla Mata Mandir Nagrota in the year 1992.
The guilty was awarded rigorous imprisonment for one year and fine Rs 5000/- u/s 5(1) (d) r/w section 5(2) J&K PC Act 2006. The accused who was present in the Court. The Court cancelled his bail bond and ordered the police to take him into custody immediately to serve the sentence.
According to the VOJ case that in a complaint filed by Mahant Tulsi Giri Sheetla Mata Mandir Nagrota before SSP Jammu, on this complaint enquiry and investigation was started. In the complaint the Mahant submitted that there is land measuring 1 Kanal 13 marlas attached with Mandir. He constructed a store on the said land. Some local inhabitants in connivance with SHO started interference in his possession and he approached the SHO P/S Nagrota on May 15, 1992 and sought his help. SHO demanded Rs 25000 from him which was paid to him with the hope that he will prevent any untoward incident. The complainant submitted in spite of receiving a bribe, the accused did not help him and it was on May 17, 1992, Additional SP Jammu was on visit to Nagrota P/S and the complainant seized an opportunity and submitted an application to him who asked the accused to see that the complainant is helped genuinely and is not harassed by any one. In the complaint it was further submitted that in spite of all this the accused did not help the complainant, demanded Rs 5000 more as bribe but the complainant did not pay the amount, so the accused got annoyed and thus he started openly supported the culprits and with his active support, the shed constructed by the complainant was demolished on May 19, 1992. That the complainant again approached the accused SHO and repeated his request for help, instead the helping the complainant, he detained the complainant along with Ravinder Khajuria and Raj Kumar in the police station till evening when they were let off after the intervention of some respectable persons. The complaint was endorsed to Additional SP for detailed enquiry and report within three days. In compliance of the direction of SSP, enquiry was conducted by Additional SP where after he submitted his report with the record proceedings and evidence collected during enquiry to SSP Jammu. He found some substance in the complaint of complainant and so he recommended registration of case against then SHO and investigation by Vigilance Organization. VOJ registered a case under prevention of corruption Act and after completion of investigation presented challan in the Court of law.
Special Judge Anticorruption Jammu AK Koul after hearing CPO Purshtom Sharma appearing for the VOJ whereas Advocate KB Kaw appeared for the accused observed that in view of the facts and circumstances an irresistible conclusion that the accused in his capacity as public servant used corrupt means and obtained for himself a pecuniary benefit from the complainant which act of his amounts to criminal misconduct and as such falls squarely within section 5(1) (d) J&K PC Act 2006 made punishable u/s 5(2) of J&K PC Act 2006, accused is as such convicted for commission for commission of aforesaid offences, so far as the quantum of punishment which the accused deserves, Court is of the view that there not any extenuating circumstances, which needs to be consider seriously while deciding the quantum of punishment.
Court further observed that corruption in public life is a growing menace which crippled the working of our system of governance. The accused being a police officer by the nature of his duty is meant for protecting the society and respecting the rights of individuals but he himself indulged in the illegal acts of corruption and ordinarily he deserves a severe punishment to give signal that CORRUPTION IS NO MORE TOLERABLE. Accused has faced prosecution for more than one and half decade. That apart on account of conviction he may even be losing his job so even if a lesser punishment, it would means enough for him and awarded one year and fine Rs 5000/- u/s 5(1) (d) r/w section 5(2) J&K PC Act 2006. JNF
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