Business

CBK charge-sheets Patwari & others in corruption case

golden yug
[ June 14, 2017 ] Srinagar: Crime Branch Kashmir presented charge sheet of case FIR No. 07/11 U/S 420,468,120-B, 201 RPC r/w 5(2) PC Act before the hon’ble court of Addl. Sessions Judge, Pulwama (Anti-corruption Court) against accused Bashir Ahmad Bhat , then Patwari Soafshali Kokernag 2. Ab. Gani Naikoo 3. Mohamamd Sultan Naikoo & Bashir Ahmad Bhat. The case came to be registered on a written complaint lodged by Nazir Ahmad Naikoo before the hon’ble court of Chief Judicial Magistrate Sgr. alleging therein that his father namely Gh. Rasool Naikoo has purchased a piece of land measuring 18 Kanals under survey Nos 577,579, 347, 58, 2933 and 850 situated at Soaf Shali Kokernag from one Ab. Rehman Qadri S/O Ab. Gani R/O Naie Basti Anantnag and mutation bearing Nos 1716 and 1717 U/S 8 Agrarian Reforms Act was attested in his favour in concerned revenue records. After the death of his father, the brother of the complainant namely AB Gani Naikoo has sold the entire piece of land to one Bashir Ahmad Bhat S/o Mohammad Yousuf Bhat R/o Soaf Shail Kokernag without his knowledge in league with revenue officers. The hon’ble court of Chief Judicial Magistrate Sgr. has been pleased to forward the complaint to Crime Branch Kashmir for necessary action. On receipt of the complaint. The allegations leveled were enquired vide PV No. 128/07 . The enquiry conducted has revealed that mutation No. 1716 and 1717 were attested by revenue authorities with respect to the land in question U/S 4 and 8 of Agrarian Reforms Act . The mutation attested in favour of the father of the complaint were subsequently tempered by the accused revenue officers/officials in league with accused Ab Gani Naikoo thereby inserted the name of Bashir Ahmad Bhat in the said mutations and by tempering the revenue records have facilitated sale of the land which was otherwise prohibited being agriculture land. Accordingly the instant case was registered on 09-05-2011 and investigation taken up. The investigation conducted has revealed that land measuring 18 Kanals and 4 Marlas under survey no 577,579,2933/580 and 3127/581 Situated at village Soafshali Kokernag was mutated in the name of Gh. Nabi Mir S/O Haji Gh. Hassan Mir and Gh. Rasool Naikoo S/O Amma Nakio Rs/O Nagam Kokernag with equal shares by invoking provisions of section 4 and 8 of Agrarian Reforms Act. The land was found mutated in the name of above said persons in the year 1985-86 in terms of mutation No 1716,1717 from the name of Ab. Rehman Qadri S/O Ab. Gani Qadri R/o Qasba Anantnag. Out of mutated land measuring 18 Kanals and 4 marlas, Gh. Rasool Nakioo was in possession of 9 Knalas and 2 marals. The said Gh. Rasool Naikoo was found to have died in the year 1991 leaving behind 03 sons namely accused Ab. Gani Nakioo, Mohd Sultan Nakioo and complainant Nazir Ahamd Nakioo. The accused brothers namely Ab. Gani Nakioo and Mohd Sultan Nakioo were found to have entered into an agreement with accused beneficiary Bashir Ahmad Bhat for sale/ purchase of land of which their father was having ownership and possessory rights in light of above said mutation Nos 1716, 1717. To effect the sale/purchase of the said land the accused brothers and beneficiary Bashir Ahmad Bhat were found to have executed an agreement (Iqrar Nama) followed by an affidavit and receipt of consideration amount in the year 1991. The investigation has further revealed that because of section 4 & 8 of Agrarian Reforms Act, the sale of the said land could not have affected and in order to make the entry vis-à-vis the said sale, the accused brothers and accused beneficiary hatched a criminal conspiracy with accused patwari Bashir Ahmad Bhat and thereby resorted to manipulation of revenue record by inserting the name of accused beneficiary Bashir Ahmad Bhat in place of actual owner Gh.Rasool Naikoo and have thereby directly shown transfer of land from the name of Abdul Rehman Qadri to accused beneficiary Bashir Ahmad Bhat in the year 1985-86 despite having knowledge that agreement of sale between accused was executed in the year 1991. The documents which were found to have been inserted/ tampered comprises of “ Parti Sarkar” and “Parti Patwar” of which the accused patwari was the custodian as the same was not wilfully deposited in district record room Anantnag (Muhafiz Khana). The mutated/tampered document along with specimen writing of accused patwari were forwarded to forensic expert for his opinion. The opinion received has confirmed that insertion made in the documents are in hand writing of accused Bashir Ahmad Bhat the then Patwari Soaf shali Kokernag. The investigation has thus revealed that after death of Gh. Rasool Nakioo the land in question would have devolved upon the legal heirs of the deceased including the accused brothers and the complainant but the accused brothers have dishonestly and fraudulently effected the sale of the said land in favour of accused beneficiary ignoring the complainant. It was also found that to overcome the legal bar of transferring the land in the name of beneficiary, the accused persons in furtherance of criminal conspiracy with accused patwari resorted to manipulation/falsification of revenue records and have thereby shown the transfer of land from Ab. Rehman Qadri to accused beneficiary Bashir Ahmad Bhat after resorting to insertion/ manipulation. The accused patwari in furtherance of criminal conspiracy was found to have dishonestly and fraudulently and by abuse of his official position paved way in transfer of the said land in the name of accused beneficiary Bashir Ahmad Bhat by making fraudulent insertion in “Parti Patwar” and “Parti Sarkar” of which he was the custodian. The fraudulent act of insertion is substantiated by the fact that the accused beneficiary have entered into an agreement of sale/ purchase of said land in the year 1991 as in evident from seized (Iqrarnama),affidavit and receipt of consideration amount while as the mutation 1716,1717 has been made in the year 1985-86. This apart the extract of seized Girdawari of 1989 also shows the name of the owner as Bashir Ahmad in contradiction to the documents like “Iqrar Nama”, affidavit receipt executed among the accused brothers and accused beneficiary. On the strength of evidence oral and documentary coupled with opinion of forensic expert , the investigation has established that accused Bashir Ahmad Bhat the then patwari by abuse of his official position in furtherance of criminal conspiracy with accused Ab. Gani Naikoo S/O Gh. Rasool Naikoo R/O Nagam Kokernag, Bashir Ahmad Bhat S/O Mohd Yousuf Bhat R/O Soaf Shali Kokernag and Mohd Sultan Naikoo S/O Gh. Rasool Naikoo R/O Nagam Kokernag dishonestly and fraudulently resorted to falsification of documents by making fraudulent entries in the revenue records to confer undue benefit upon accused beneficiaries as such have committed offences punishable U/S 420, 468, 471, 120-B RPC r/w 5(2) P. C Act