Malik Jehangir:
SRINAGAR: In an unprecedented development the Supreme Court of India has for the first time admitted a corruption case of Jammu & Kashmir. The case pertains to the exorbitant purchases made by Principal Government Dental College (GDC), Srinagar, and Dr. Riyaz Farooq.
The Principal GDC Srinagar had made exorbitant purchases both at the GDC Srinagar and GDC Jammu. The Supreme Court heard the corruption case on Friday (March 29) and listed the case for July for further proceedings.
The Supreme Court accepted the plea of the petitioner that the case be treated as Public Interest Litigation (PIL) and issued notices to the respondents. The PIL has been filed by Chairman Jammu & Kashmir Right to Information Movement (J&KRTIM) Dr. Shaikh Ghulam Rasool. The petitioner is being represented by Advocate Gagan Deep Shar in the case.
The Special Leave Petition to the appeal of Dr. Ghulam Rasool is against the final judgment and impugned order dated 12-11-2018 passed by High Court of Jammu and Kashmir at Srinagar in OWP No.1259 of 2015, whereby the High Court has allowed the petition, thereby quashing the preliminary enquiry, FIR No.33 of 2012 and the consequent proceedings arising of the said FIR for want of sanction u/s 190 Cr.P.C.
Following Special Leave Petition dated 12-11-2018 by Dr. Ghulam Rasool, the Supreme Court listed the case for hearing in July 2019.
It would be in place to mention here that an RTI activist, Tanveer Hussain had gathered information through RTI regarding purchases of various dental machinery and equipment made by college authorities including “Digital Panoramic X-ray machine” and “Complete Vertical Rack Sterilization system”.
An FIR under No.33 of 2012 dated 18.12.2012 U/s 5(2) P.C Act Svt. 2006 r/w 120-B R.P.C was registered by the Vigilance Organization Kashmir against the accused Dr. Riyaz, Principal Govt. Dental College Srinagar in his capacity as Chairman purchase committee no.3 along with other members of the purchase committee in criminal conspiracy with V.L. Narayan of M/s Villa India for procurement of machinery at an exorbitant price for pecuniary benefits to one another causing a loss of over 16 lacs to the state exchequers.
Dr. Riyaz had filed a writ petition being OWP no.1259 of 2015 before the High Court U/A 226 of the Constitution of India of Jammu and Kashmir with section 561 – A Cr.P.C seeking issuance of writ of certiorari quashing the report of vigilance organization FIR No.33/2012 registered at P.S VOK and communication dated 20.04.2015 vide which vigilance clearance was not accorded to him. After filing the objections, High Court vide its order dated 23.07.2015 stayed the FIR No.33/ 2012 and investigation thereof.