Baramulla: Eleven years old Gulmarg Land Scam awaiting decision on framing of charge/discharge was again adjourned/deferred by the Court of 1st Additional Sessions Judge, Baramulla/Special Judge (Anti-Corruption) for Districts Baramulla, Kupwara and Bandipora in view of non-issuance of the relevant SRO by the Department of Law, Justice and Parliamentary Affairs J&K Government for conferment of powers under Prevention of Corruption Act upon newly appointed 1st Additional Sessions Judge, Baramulla who could not hear the matter on December, 12, 2020. It is pertinent to mention here that recently in a minor reshuffle J&K High Court effected transfers of Judicial Officers and 1st Additional Sessions Judge, Baramulla, Naseer Ahmed Dar who was hearing the infamous Gulmarg Land Scam was transferred and in his place newly promoted District and Sessions Judge Mohd Ashraf Khan was transferred and posted as new 1st Additional Sessions Judge, Baramulla.
The infamous Gulmarg land scam (FIR No.08/2009 P/s VOK) was registered in the year 2009 against 20 accused including Mehboob Iqbal (IAS) the then Divisional Commissioner Kashmir, Baseer Ahmed Khan (IAS) the then Deputy Commissioner Baramulla presently Advisor to Lieutenant Governor J&K, Farooq Ahmed the then Additional Deputy Commissioner Baramulla, Garib Singh then Tehsildar Tangmarg, Ghulam Mohi-ud-Din Shah then Naib-Tehsildar Kunzar and Top Hoteliers of Kashmir Valley Mushtaq Ahmed Ganie alias Chaya son of Abdul Aziz Ganie R/o Nishat Srinagar, Mushtaq Ahmed Burza son of Ghulam Ahmed Burza R/o Ishbar Nishat Srinagar, Manzoor Ahmed Burza son of Ghulam Ahmed Burza, Manzoor Ahmed Khan S/o Ghulam Mohd. Khan, Mohammad Ibrahim Khan son of Ghulam Hassan Khan and others.
The challan in this case was presented against the then Divisional Commissioner Kashmir Mehboob Iqbal and others on the intervention of J&K High Court in view of the orders passed by the then Chief Justice M.M. Kumar (since retired) in PIL No.9/2012 titled Sheikh Mohd Shafi & Anr V/s Union of India & Ors. Another supplementary challan was filed by VOK against the then Deputy Commissioner, Baramulla Baseer Ahmed Khan (IAS) and the supplementary challan was presented after the receipt of the prosecution sanction from Department of Personnel and Trainings, Govt. of India, New Delhi.
The Division Bench of J&K High Court has on more than three occasions issued directions to the trial court at Baramulla to expeditiously decide the Gulmarg Land Scam particularly the proceedings on the question of charge/discharge and lastly the Court of Justice M.K. Hanjura (since retired) of J&K High Court vide its Judgment dated October, 15, 2018 also directed the trial court at Baramulla to take into consideration the documents relied upon by the accused at the stage of charge/discharge.
The Special Judge (Anti-Corruption) Baramulla Naseer Ahmed Dar (since transferred) on June, 11, 2020 while hearing the matter on charge/discharge directed the ACB Kashmir to further investigate the matter and file a supplementary charge sheet indicating the impact of the documents including the opinion given by M.I. Qadri the then Advocate General on the merits of the case and directed the listing of the matter on October, 10, 2020 for filing of the supplementary charge sheet. Notably, the ACB Kashmir on October, 10, 2020 filed a supplementary charge sheet before the trial court wherein it confirmed its earlier investigation holding the culpability of the accused in the commission of the crime and further concluded that the documents relied upon by the accused do not create any impact on the merits of the case.
After filing of the supplementary charge sheet the case was ripe for crucial hearing on charge/discharge on December, 12, 2020 but the Presiding Officer Naseer Ahmed Dar got transferred and in his place Mohd. Ashraf Khan took over as 1st Additional Sessions Judge, Baramulla but the much awaited hearing on December, 12, 2020 had to be adjourned by the newly appointed 1st Additional Sessions Judge, Baramulla in view of non-conferment of the powers under Prevention of Corruption Act by the Law Department J&K Government and the case was again adjourned for December, 29, 2020.
