STATE Vs. SAJAD ALI BHAT

JUDGEMENT

(1.) Corruption is a menace, eating out the society within and a stumbling block in the path of development. Its elimination and prevention in public services and to punish the guilty in accordance with law is of paramount importance, but, at the same time, a duty is cast on the Courts to ensure that no innocent is fastened into the dragnet of prosecution. This is a case where the trial court, learned Special Judge Anti-corruption, Kashmir, Srinagar, has elaborately and minutely threshed the chaff from the corn.

(2.) This criminal acquittal appeal by the prosecution arises from the judgment dated 31.12.2012 rendered by the learned Special Judge, Anti-corruption, Kashmir, Srinagar, in File no.131/B. Before stating the grounds of appeal, a brief and bare resume of the prosecution case is given hereunder:

(3.) On 29.06.2005, the complainant, Tasaduq Hussain Bhat, proprietor of Rehbar Stone Crusher, Lasjan, lodged a written complaint before the Vigilance Organization alleging that Sajad Ali Bhat, the then Assistant Environmental Engineer, Pollution Control Board, Rajbagh, Srinagar, had been demanding an amount of Rs.80,000/- as bribe from him for issuance of consent certificate. However, after negotiation, he had agreed to accept Rs.20,000/- for doing the needful. As the complainant was reluctant to pay the bribe, he demanded legal action against the accused. On receipt of the complaint, a case was registered at Police Station, VOK and a trap team was constituted. Director, Social Welfare Department, Kashmir, was requested to provide two officials to associate in the trap proceedings as independent witnesses. The Director, Social Welfare Department, deputed two of his officials, namely, Mehraj-ud-Din Rather, Computer Assistant, and Gulzar Ahmad Raja, Junior Assistant, for the purpose.