Srinagar, Dec 31: The High Court has dismissed a petition filed by the then Assistant Regional Transport Officer (ARTO) Abdul Majid Bhat seeking quashing of an FIR registered against him in a disproportionate assets case and has directed the Anti-Corruption Bureau (ACB) to proceed in accordance with law and file a challan before the competent court.
As per news agency Kashmir News Corner — KNC, Justice Sanjay Parihar, while rejecting the plea, observed that the case does not fall under any of the exceptional categories laid down by the Supreme Court for interference at the investigation stage. The court held that any interference at this juncture would amount to encroaching upon the statutory domain of the investigating agency.
“Interference at this stage would amount to usurping the statutory domain of the investigating agency. Accordingly, the petition is dismissed. The respondents shall proceed in accordance with law and file the charge sheet before the competent court,” the court ruled, vacating all interim directions.
The petitioner, who was posted as ARTO Shopian at the relevant time, had challenged FIR No. 25/2018 dated July 14, 2018, registered against him under the provisions of the J&K Prevention of Corruption Act for allegedly amassing assets disproportionate to his known sources of income.
The ACB informed the court that the case was initiated following a credible source report indicating that Bhat, while holding various executive positions in the Motor Vehicles Department, had accumulated assets grossly disproportionate to his lawful income. A subsequent secret verification conducted by the Vigilance Organisation Kashmir (now ACB) prima facie revealed that he had acquired extensive movable and immovable properties.
Though the petitioner joined government service in August 2000, the check period was confined mainly to 2008–2018, during which he functioned as In-charge ARTO, a position involving substantial executive powers. The verification revealed disproportionate assets amounting to approximately Rs 1.39 crore, which is about 267.88 percent higher than his known sources of income.
According to the prosecution, the investigation established offences under Sections 5(1)(e) and 5(2) of the J&K Prevention of Corruption Act, besides offences under Sections 12 and 14 of the Public Men and Public Servants (Declaration of Assets and Other Provisions) Act.
The court was further informed that the petitioner has been prematurely retired from service on February 16, 2023, and no prior sanction is required for filing the charge sheet. The investigation has already been completed and the charge sheet is ready for presentation.
Noting that the delay in filing the charge sheet was solely due to the pendency of the present petition, the court directed the ACB to file the challan before the competent court without further delay. (KNC)
