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Jammu Kashmir
HC grants week’s time to Govt for compliance report
Amendment to Prevention of Corruption Act
SYED BASHARAT
"
SRINAGAR, Dec 4: The High Court today granted a week’s time to the government for filing compliance report on its directions passed on amendment to Prevention of Corruption (PC) Act.

The direction came in after the government filed a report which was silent on the court direction on the subject, said senior advocate Bashir Ahmad Bashir who is assisting the court in the matter. On July 9, the Court had directed government to take steps for amending the PC Act or make new laws for retrieving money accumulated through corrupt practices and confiscating properties of the corrupt in the state.

In its report filed today, the government said it is in touch with the High Court and law department vis-à-vis Court direction that powers be conferred on all the Courts of Additional District Judges in the state, excluding district Srinagar and Jammu to act as anti corruption courts under Prevention of Corruption Act, SVT 2006 (1949 A.D).

The government also said a detailed affidavit will be filed on schemes for poor women and destitute by or before the next date of hearing. It may be recalled here that on July 9, Justice Muzaffar Hussain Attar had issued these directions after hearing the petitioner Mohammad Amin Beigh allegedly involved in monetary and physical exploitation of girls. Beigh in his petition has challenged his detention under Public Safety Act (PSA).

Besides other directions, Justice Attar had also directed that the Chief Prosecutors of the districts be initially assigned the job of prosecutors in these courts (Additional District Judges) in the cases covered by Prevention of Corruption Act, SVT.2006 (1949 A.D).

Beigh, as per police, is involved in a scandal that surfaced on November 2, 2011 when a woman lodged a compliant of attempt to rape before the police station Kralkhud and a case under FIR number was 40/2011 was registered by police under section 451, 506, 376/511 RPC against Beigh.

In the grounds of detention under which arrest warrant was issued against Beigh it has been alleged that after shifting from Kherwan Kulgam, he started a private security agency under the name of Swello Security Agency and established its office in Rajbagh and Anantnag. Beigh would provide security and helping staff to various hospitals which included female workers also.

According to district magistrate Srinagar, Beigh under the garb of business, hired a good number of poor and needy female workers from various parts of the valley and put them to various jobs relating to security and assistance in different hospitals including L. D Hospital.

“Since most of these workers come from very humble and poor back ground, you not only exploited them monetarily but physically also. Not only did you coerce them to have physical relations with your but have also reportedly supplied these girls to others. A group of these workers have already narrated their woeful tale before the police authorities,” read the grounds of detention against Beigh.

Meanwhile, after Beigh was arrested, he had applied for bail which was granted to him by a lower court. However, the police pursued the case and sought cancellation of his bail. But Beigh approached high court seeking stay on revocation of bail orders and quashment of PSA against him.

Beigh’s counsel in the High Court had pleaded that the grounds of detention relate to an isolated incident against his client and the incident cannot have impact on the public order. However, the High Court has found Beigh’s activities full of dangerous consequences for public order.

After hearing the matter, the Court found corruption as root cause of physical exploitation of poor girls in the state thus directing the state government to identity, and give wide publicity to the centrally sponsored schemes meant for upliftment of women.

The Chief Secretary was directed to take immediate steps for identifying and for providing support to the poor girls of the State so as to enable them to live honorable life. Commissioner secretary Social Welfare was directed to immediately provide all necessary information to the Chief Secretary of the State in respect of schemes floated by Central Government and State Government, where under the poor woman of the state are to get benefits.

Yesterday, the court granted one more day to the Chief Secretary to file a compliance report, who otherwise was supposed to file his report within three months.

A division bench of the High Court comprising Justice Virender Singh and Justice Muzaffar Hussain Attar directed the state government to file compliance report today after Additional Advocate General Javed Kawoosa informed the court that the compliance report has been already dispatched but due to postal delay he has not received the same.


News Updated at : Tuesday, December 4, 2012
 
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