Court acquits 2 KVIB employees of corruption charges

Excelsior Correspondent
SRINAGAR, July 12: A local court acquitted the two employees of Khadi Village and Industries Board (KVIB) of the charges of corruption for processing the loan cases in favour of some of the non-existent and fictitious unit holders.
An enquiry was initiated upon a complaint lodged by the Chairman Peoples Welfare Society wherein it was alleged that the then Dy. Chief Executive Officer KVIB Kashmir in league with other officials of KVIB Budgam, and some other civil persons processed three loan cases in 1997, for sanction of loan in favor of three non-existent and fictitious unit holders.
The enquiry finally culminated in the registration of case FIR in P/S VOK (now ACB) for commission of offences u/s 5(2) PC Act, 2006 and 409, 468, 419, 120-B RPC. During the course of investigation the accused Muzaffar Abdul Nasir by way of a plea challenged the order bearing No. KVIB/386 of 2011 dated 21-2-2011, whereby the J&K Khadi & Village Industries Board had granted sanction to prosecute the accused-Nasir and other employees of the Jammu & Kashmir Khadi and Village Industries Board, for commission of offences.
The court of Special Judge Anti-Corruption Kashmir after hearing the counsel Fayaz Ahmad Bhat for the accused-employees considered the matter and viewed that Government sanction order KVIB/386 of 2011 dated 21-2-2011 already held to be invalid and quashed by the High Court of J&K and there remains no occasion for this court to take cognizance of offence against the accused public servant Deedar Singh and also no cognizance can be taken against the accused Nisar Ahmad (retired public servant) in absence of valid sanction and as a consequence whereof they are liable to be discharged.
“All other accused private/ beneficiary cannot be proceeded against for offence under the Act without there being any accused-public servant. Hence this court loses jurisdiction to take cognizance against the rest of the accused for other offences indicated against them. The charge sheet is accordingly transferred to the court of Chief Judicial Magistrate, Srinagar to proceed in the matter in accordance with law”, the court said
The court has agreed with the contentions of defence counsel Fayaz Bhat that the High Court’s ruling on the validity of sanction applies to all the accused facing charges on that same sanction, not just the individual who brought the challenge. Defence Counsel submitted that sanction has been held to be invalid and sanction order stands quashed by the High Court, therefore, the trial court cannot proceed to take cognizance against the co-accused even if they have not separately challenged the sanction order.
“The principle of natural justice dictates that all parties involved in a legal proceeding should be treated equally and fairly. In essence, the invalidity of sanction, once established, acts as a bar to take cognizance and prosecute all those implicated in the case, unless a fresh and valid sanction order from the appropriate authority which is a mandatory requirement before a court can take cognizance of the offence, is obtained”, read the judgment.

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