Srinagar, Jul 19: In the much publicized Roshni land scam, a court here has framed charges against three former IAS officers as well as three other persons including a beneficiary.
The former IAS officers against whom charges have been framed include Basharat Ahmad Dhar, Mehboob Iqbal and Ejaz Iqbal while other accused include Mushtaq Ahmad Malik, Akram Khan and Sajad Parvez (alleged beneficiary).
The Special Judge CBI Srinagar, SC Katal, framed charges in the case (FIR No 26/2015) which was initially registered by the Vigilance Organization Kashmir, now Anti-Corruption Bureau (ACB) Kashmir, in 2015.
The case was later transferred to CBI for investigation on the directions of the High Court of J&K and Ladakh in a Public Interest Litigation in Jammu.
Accordingly, CBI registered the case on November 20, 2020 for offences under Sections 120-B (criminal Conspiracy), 420 (cheating) of the erstwhile RPC (which now stands replaced by IPC) and Section 5(1)(d) read with 5(2) of J&K Prevention of Corruption Act.
As per the CBI case, in 2007 ownership rights of State land measuring 07 kanals and 07 marlas under Khasra No. 216 min, 217 min and 218 min Estate Nursingh Garh site Shaheed Gunj were vested in favour of Sajjad Parvaiz at the rate of Rs 45 lakh per kanal by empowerment committee in its meeting held on 28 April 2007.
The “beneficiary” Parvez was not legal occupant in terms of Section 2(e) of State Land (Vesting of Ownership Rights to the Occupants) Act (Roshni Act) as he was only authorized agent of lessee, Ashok Sharma and Bipin Sharma by virtue of special power of attorney, as per the prosecution.
“The evidence assembled by the investigation agency on its face value reveals that the accused officers in league with accused beneficiary abused their official position and bestowed undue benefit by vesting ownership rights of prime State land”, the court said, after hearing the parties.
At this stage, the court said, it cannot be said that there is no sufficient ground for proceeding against the accused persons and discharge is the only remedy. “Hence, the prima facie case is made out for framing the charge under Section 120-B/RPC read with Section 5(1)(d)/5(2) of J&K PC Act against six accused and they have been charge-sheeted accordingly”, the court said. However the court dropped the offence under Section 420, underlining that the same is not made out. The court has put up the case on August 5 for reading over charge to the accused persons.
