MIR NASEEM AHMAD Vs. STATE

JUDGEMENT

(1.) Criminal Justice System forms bed-rock for having an orderly society. Goals of maintaining purity, preservation of moral fabric and eradicating evil from the inhabitation can be attained only by having an effective Criminal Justice System.

(2.) "Socrates" has said that reason for awarding punishment is maximization of building a welfare society. He has further said that punishment for crime is the cure for evil, and justice leads to that punishment.

(3.) FIR No. 27 of 2008 of Police Station Vigilance Organization Kashmir Srinagar under S. 5(2) P. C. Act of 2006, read with Section 120-B, R. P. C. came to be registered against the petitioner on the allegations that the petitioner was Chief Town Planner Kashmir in the year 1999 dishonestly and fraudulently purchased land measuring 29 kanals and 13 marlas under survey Nos. 825, 827, 835 and 836 in planning sub-zone A-14 at Pahalgam through gift deed by conducting allegedly dubious method of transferring of the said land in the name of his close trusted and confident subordinate employees namely Sh. Ishtiyaz Ahmed, Showket Ahmed sons of Mohammad Maqbool Ganaie R/o. Kalasoos Kupwara and another person Ab. Rashid S/o. Ab. Razaq Wani R/o. Hawal, Srinagar. It is further alleged in the FIR that after having fraudulently obtained the ownership of the land in the name of proxy owners a plan was conceived by petitioner to arbitrarily change the land use so as to allow sharp increase in the value of the land in sub- zone A-14 for conferring illegal gain upon himself. It is further alleged in the FIR that a surprise check was conducted which revealed that committee comprising of petitioner, who was at the relevant point of time Chief Town Planner, Hamid Ahmed Wani the then Town Planner and Nazir Ahmed Magray, the then Assistant Town Planner was constituted in the year 2004 to prepare Master Plan (2005- 2025) of Pahalgam. In pursuit of his criminal designs the committee resorted to misrepresentation, manipulations and distortions whereby it was inter alia proposed that sub- zone A-14 be de-notified so as to allow the owners of the land to raise construction of the hutments and the other facilities. It is further alleged that this effort was made with criminal intention to achieve personal benefits. It is further alleged that the area sub- zone A-14 is inaccessible and is situated on the other side of Sheeshnag Nallah of river Lidder. It is further alleged that as a part of criminal conspiracy the information related to proposed de-notification of sub-zone A- 14 was intentionally withheld by the members of drafting committee from the draft Master Plan which was made available to public for filing of objections. It is further stated in the FIR that Government approved the Master Plan in the year 2006 after having been mislead about the need for change of land use in sub-zone A-14 and by deceitfully depriving the public from raising objection about the same. The other members of the Committee, it is alleged, also purchased land in sub-zone A-14 details whereof given in the FIR. It is on these allegations that FIR No. 27 of 2008 was registered in police station VOK against the petitioner.