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‘Make laws to recover money, seize properties of corrupt’
SRINAGAR, July 10: The High Court has directed state government to take steps for amending the Prevention of Corruption Act or make new laws for retrieving money accumulated through corrupt practices and confiscating properties of the corrupt in the state.

In a significant judgment today, the Justice Muzaffar Hussain Attar, has directed state government to confer powers under Prevention of Corruption Act on subordinate courts except in district Srinagar and Jammu.

“…The Chief Secretary is directed to take immediate steps for conferring powers on all the Courts of Additional District Judges in the state of J&K, accepting that of district Srinagar and Jammu, and confer powers on these courts under Prevention of Corruption Act, SVT. 2006 (1949 A.D),” the High Court order reads.

Justice Attar has 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).

Interestingly the judgment came in a case where petitioner Mohammad Amin Beigh is said to be allegedly involved in monetary and physical exploitation of girls and had challenged his detention under Public Safety Act (PSA).

Beigh’s 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.

The High Court has also 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 has been 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.

The Commissioner secretary Social Welfare has been 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.

The Chief Secretary has further been asked to file compliance report of the directions passed by the High Court within three months.

News Updated at : Wednesday, July 11, 2012
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