Srinagar- The Special Judge Anti-Corruption here on Friday sentenced a former Executive Engineer of Rural Engineering Wing (REW) Ganderbal, and an orderly of the department to four years’ simple imprisonment each in a 2014 bribery and criminal conspiracy case.
The court presided over by Tasleem Arief convicted Ghulam Nabi Dar, the then Executive Engineer, and Mohd Shameem Parrah, then an orderly in the REW Ganderbal office, under provisions of the J&K Prevention of Corruption Act and Section 120-B of the State Ranbir Penal Code.
According to the prosecution case, a complainant had approached the Vigilance Organisation Kashmir (now Anti-Corruption Bureau) alleging that Dar had demanded a bribe of Rs 10,000 for passing his bill related to the construction of an “Apna Panchayat Ghar” at Sarfaraw-A in Ganderbal. A trap was subsequently laid, during which Rs 3,000 in treated currency notes were recovered from Parrah, who allegedly received the money at the instance of Dar.
The court found that the prosecution evidence established the demand and acceptance of illegal gratification and held both accused guilty of criminal misconduct, acceptance of illegal gratification and criminal conspiracy.
While convicting the accused, the court stressed the wider threat posed by corruption, observing, in the words of the Supreme Court, that corruption “poses a grave danger” to constitutional governance and threatens the foundation of democracy and the rule of law. The court noted that corruption undermines values including justice, liberty, equality and fraternity, and stressed that anti-corruption laws must be interpreted in a manner that strengthens the fight against corruption.
The court further observed that the demand for bribe money by Dar for passing or releasing the complainant’s bill initiated the bribe transaction and entitled the court to draw the statutory presumption under the J&K Prevention of Corruption Act. It held that both accused had committed criminal misconduct, accepted illegal gratification and acted in furtherance of a criminal conspiracy.
While deciding the sentence, the court took into account both aggravating and mitigating circumstances. It noted that Dar was elderly and had been compulsorily retired from government service, while Parrah was a subordinate employee. The court also considered that the accused had faced the trial for around 10 years and had no previous conviction for a similar offence.
The court, however, observed that their official positions required them to act with honesty, fairness and promptness in dealing with the public and that corruption offences warranted adequate punishment.
The court sentenced each convict to four years’ simple imprisonment and a fine of Rs 10,000 for criminal misconduct, four years’ imprisonment and Rs 10,000 fine for accepting illegal gratification, and four years’ imprisonment and Rs 10,000 fine for criminal conspiracy on each applicable count. All the sentences of imprisonment were ordered to run concurrently, the court said.
In default of payment of the fine, each convict will undergo an additional one month’s simple imprisonment on each count.
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