SVO filing challan in Gulmarg Roshni Scam

Mehboob Iqbal, Mushtaq Chaya, Manzoor Burza among 14 accused

Ahmed Ali Fayyaz

SRINAGAR, Sep 25: State Vigilance Organisation (SVO) is finally filing its challan in the infamous ‘Gulmarg Roshni Scam’ after nearly five years of investigation in an anti-corruption court here on Wednesday. Awaiting sanction to prosecution from Government of India in favour of IAS officer, Baseer Khan, SVO is all set to file its challan against five serving and retired public servants, including Mr Mehboob Iqbal, and nine hoteliers, including the most prominent Mushtaq Ahmad Chaya, Mushtaq Ahmad Burza, Manzoor Ahmad Burza and Mussadiq Shah.

Early Times learned from authoritative sources that Vigilance Organisation Kashmir (VOK), Kashmir wing of SVO, would be filing challan of the ‘Gulmarg Roshni Scam’ in the court of Special Judge Anti-corruption, Mr Mohan Lal, in the forenoon on Wednesday. VOK had approached the court of Additional Special Judge, Anti-corruption, Ms Jeema Bashir, today but, according to sources, she refused to entertain it in absence of certain necessary powers of jurisdiction.

In a few days from now, Department of Law and Parliamentary Affairs is expected to issue a notification that would give more powers to additional special judges of anti-corruption in Srinagar and Jammu. As of now, only the designated Special Judges have the powers and jurisdiction to entertain challan in most of the corruption-related matters.

Sources said that a VOK team would now submit the challan of ‘Gulmarg Roshni Scam’ before Special Judge Anti-corruption here tomorrow. According to sources, following a direction in a Public Interest Litigation in Jammu Wing of J&K High Court, General Administration Department has forwarded the matter of prosecution sanction to Mr Baseer Khan to the Department of Personnel and Training in Government of India last month. Sanction to his prosecution is still awaited.

Currently Deputy Commissioner of Srinagar, Baseer Khan was DC Baramulla when Department of Revenue conducted the matter of allotment of government land in favour of a number of influential hoteliers at the famous tourist resort of Gulmarg in 2007-08. As the government has lately inducted Mr Khan into IAS, sanction to his prosecution under rules has to be obtained from Department of Personnel and Training that regulates the Indian Administrative Services and functions under Prime Minister of India.

Sources said that out of the remaining five public servants, only two were serving and three had already retired from service. As the sanction to prosecution of the two serving officials has been obtained, SVO does not need sanction to the prosecution of three others who have reached superannuation. They include the former high profile bureaucrat, Mehboob Iqbal, who was Divisional Commissioner of Kashmir when the Gulmarg Roshni Scam took place and has retired as Commissioner-Secretary PHE, Irrigation and Flood Control in November 2011.

Mr Iqbal figures among the five retired/serving public servants who have been mentioned as accused in SVO’s challan. Others include retired official Farooq Ahmad Shah, who was then Assistant Commissioner Revenue in Baramulla district, then Tehsildar of Gulmarg Gareeb Das, then Naib Tehsildar of Gulmarg Bashir Ahmad and then Gidawar of Gulmarg Azad Farooq Naik.

Some of Kashmir’s most prominent hoteliers figure among the accused. They include owner of Jhelum Resorts Hotel in Jammu, Hotel Grand Palace in Srinagar and five other hotels in Gulmarg, Pahalgam and New Delhi Mr Mushtaq Ahmad Chaya, who also owns one of the largest shopping malls in Srinagar.

Hoteliers Mushtaq Ahmad Burza, Manzoor Ahmad Burza and Chamber of Commerce and Industry functionary, Mussadiq Shah, also figure among the accused. They also include one of the leading contractors and hoteliers, Mr Nazir Ahmad Mir, of Tangmarg who is known for his proximity to prominent politician and Minister of Agriculture, Ghulam Hassan Mir. Mir has constructed a Rs 120 Crore private mini power project in Bandipore two years back.

Challan has also been prepared against a local ski trainer, Ghulam Rasool Dar, who had obtained one Kanal of land on lease in 2005 but later managed its illegal allotment through Roshni scheme in his favour. An attorney holder of Matoos of Nageen, namely Manzoor Ahmad Khan and one Mohammad Aslam Khan of Tulsi Bagh Srinagar also figure among the nine accused hoteliers.

In its investigation in FIR No: 8 of 2009, VOK has established charges against a group of public servants, then working in Department of Revenue, and the nine private beneficiaries. The officials had processed/ allotted 37 Kanals of government land, owned by Department of Tourism, in favour of these hoteliers under so-called Roshni Scheme that was not by law applicable to the government-owned land.

After nearly two years of preliminary inquiry, SVO had filed FIR No: 8 against the accused officials and beneficiaries in 2009. Even as then Commissioner Vigilance, Mr P S Gill, who was later appointed as DG of Punjab Police, demonstrated significant enthusiasm in investigating this case, matter was hushed up for years allegedly under high political and bureaucratic pressure. Not a single of the accused officials or beneficiaries was arrested even as J&K High Court turned down their anticipatory bail applications.

However, following the proceedings of a PIL in Jammu, strenuously pleaded by eminent lawyer Advocate Sheikh Shakil Ahmad and others, SVO is now filing challan in the anti-corruption court here tomorrow.

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