Hansaria, J. - (1.) The 1975 accord with Sheikh Abdullah saw a dynamic person from Ladakh coming to the fore. He was made a Minister. He wanted to do many things for Ladakhis. One of the projects which the Minister (Shri Sonam Narboo) wanted to get fructified was electrification of tehsils of Leh and Kargil. The fund for the same was to be provided by the Central Government under Rural Electrification Scheme. To see that the scheme was implemented within time, a separate Electric Construction Division was created at Leh. This was in February 1977., An Executive Engineer was put in charge of the Division and he was one N.A. Salaria, who was selected because of his dashing character which had come to light by his getting established a generating station at Choglamsar within record time. The electrification scheme was taken up after Shri Narboo, who was Minister for Works, Power, Tourism and Ladakh Affairs, had toured the area from 5-6-1976 to 13-7-1976. The idea was to electrify areas around Leh first for which it was felt that 3100 bamboo poles would be required. It was also noted that from September onwards the fruit season starts and all available transport is diverted to carry fruits to the plane and no transport is available for Ladakh. This apart, food grains are required to be stored in Kashmir valley and Ladakh to cater to the needs of the people during winter season. This being higher priority area, the concern of the Government is to see that this work does not suffer for want of transport vehicles.
(2.) It is in the aforesaid situation and scenario that Salaria took up work in right earnest from first week of September 1977, after the Chief Engineer, Electric maintenance and RE, kashmir had toured the two tehsils from 17th to 23rd August, 1977. The work was to arrange transport vehicles to carry required number of poles to Leh before November, after which Ladakh region becomes virtually inaccessible. The allegation is that the situation permitted persons in the Power Department to take advantage of the same and a conspiracy was hatched to give contract of transportation to such persons who showed their willingness to share the booty with the officers. According to the prosecution, these persons included even the highest officer of the Power Department, namely, Power Development Commissioner and it went down to the Sectional Officer. The conspiracy came to the notice of none else than Shri Narboo as some complaints were received by him in November, 1977 regarding giving of contract of transportation to private firms on per kilometre per pole basis and the poles being also of sub-standard quality. He wanted information about the same by writing a D.O. letter to the Power Development Commissioner on 18-11-1977 followed by a reminder on 5-12-1977. After receipt of reply, the Minister asked for a report from the Chief Engineer. On receipt of the same, he felt the matter required deeper probe and appointed Qazi Mohd. Afzal as enquiry Officer in December, 1977. His report was submitted on 3-4-1978 which highlighted some serious irregularities. After considering the report, the Government entrusted the matter for further probe to the Anti-Corruption Organisation set up under the (Jammu and Kashmir) Prevention of Corruption Act, 2006,(hereinafter the Act). A case was accordingly registered on 26-4-1978 and a Senior Superintendent of Police, one Shri S.S.Ali, was entrusted with the investigation, who after completion of the same and after obtaining sanction from the Government, submitted charge-sheet on 10-8-1978 against 42 accused.
(3.) In the trial which commenced, after discharge of one (a labourer), 65 witnesses were examined by the prosecution and 2 by the defence. Great number of documents were also exhibited. The trial Court by its very exhaustive judgment dated 29-9-1981, which runs into 420 pages, acquitted 11 persons including Power Development Commissioner, Shri Ahangar and Chief Engineer, Shri Naqash; and convicted 30 under various sections of law including Section 120-B Ranbir Penal Code and Section 5(2) of the Act.;