Court acquits public servants in corruption case

Srinagar, Jul 14: Underscoring that the principle of natural justice dictates that all parties involved in a legal proceeding should be treated equally and fairly, a court here discharged a public servant and a retired employee from the charge of offence under Prevention of Corruption (PC) Act.

Special Judge Anti- Corruption Srinagar, Surinder Singh discharged Deedar Singh, a public servant working in KVIB and a retired public servant, Nisar Ahmad from the charge of offence under section 5(2) PC Act.

“The principle of natural justice dictates that all parties involved in a legal proceeding should be treated equally and fairly,” the court said while acquitting the duo.

The court observed that “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”.

The court said this in response to the submissions by advocate FA Bhat for the accused. “The government sanction order (KVIB/386 of 2011 dated 21-2-2011) for launching prosecution against two public servants stands already quashed by the High Court of J&K,” the counsel said

The Counsel argued that the sanction had been held to be invalid and the sanction order was 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”, he said.

“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,” the court said and acquitted the duo.