ASHIQ HUSSAIN FAROOQI AND OTHERS Vs. STATE

JUDGEMENT

(1.) These applications reflect a sad and sordid state of affairs. A horrendous crime is alleged to have been committed by none others than the ones who are said to have made insertions and interpolations in the statement of a witness namely, Aijaz Ahmad Rather, recorded by the Court of learned Special Judge, Anti-Corruption, Kashmir, Srinagar, in a case titled " State v. Ghulam Mohammad Bhat", (bearing File No. 12/B), instituted on the 25th day of July, 2008. While recording the statement of the accused as envisaged under section 342 of the Code of Criminal Procedure, 1973 (Cr.P.C.) on 17th January, 2018, the learned Presiding Judge, detected that the statement of the witness has been tinkered with. After taking note of this fact the Presiding Judge directed to hold a preliminary enquiry into the matter. He also brought the matter to the notice of the Hon'ble the Chief Justice of the High Court of Jammu and Kashmir through his Principal Secretary vide a communication bearing No. 121-122/SJACK dated 18th of January, 2018.

(2.) The object of conducting the preliminary enquiry was to identify the persons who indulged in this dastardly act. On the conclusion of the enquiry, the learned presiding Judge observed that the accused, namely, Ghulam Mohammad Bhat, appeared with his counsel, namely, Mr Ali Mohammad Padroo, with an application under his own hand. He produced a photocopy of the statement of PW-Aijaz Ahmad Rather and the photocopy of the statement of the complainant, Imtiyaz Ahmad Bhat, as also three other photocopies alleged to be part of the pages of the replaced statement. The learned Special Judge, Anti-Corruption, concluded that it is evident that the Criminal Clerk of the Court, namely, Ashiq Husain Farooqi, allowed the statement of witness to be taken outside the Court premises and, thereby, gave a full opportunity to the others to tamper the same under a well thought out plan aimed to thwart the course of justice. The Criminal Clerk, it is stated, allowed one Nisar Ahmad Bhat, Clerk of the Advocate, Mr Ali Mohammad Padroo, to take out the statement of the witness, namely, Aijaz Ahmad Rather, for photocopying outside the Court and did not check the same when it was returned to him, after about twenty minutes by the said Advocate's Clerk, namely, Nisar Ahmad Bhat. The complicity of Nisar Ahmad Dar, working in the prosecution wing of the Court has also surfaced in the enquiry held by the learned Special Judge Anti-Corruption.

(3.) When the matter was placed before the Hon'ble the Chief Justice, His Lordships directed that an FIR be lodged in the matter by the learned presiding Judge and, accordingly, the learned trial Judge addressed a written communication bearing No. 130/SJACKS dated 8th of February, 2018, to the Senior Superintendent of Police (SSP)/Station House Officer (SHO), Police Station, VOK, Srinagar, for registration of the FIR. This complaint swung the Vigilance Organisation into action and a case for the commission of offences under Section 5(1)(d) read with Section 5(2) of the Jammu and Kashmir Prevention of Corruption Act and under Sections 420, 102-B of the Ranbir Penal Code (RPC), was registered at Police Station, VOK, Srinagar.