‘Backdoor Appointment’ Case: HC Acquits Former Horticulture Director 

Srinagar—The Jammu and Kashmir High Court has acquitted former director of horticulture department Ghulam Ahmad Dar in connection with “backdoor appointments” in department during national conference regime in late nineties.  

The court also recorded statement of prosecution witnesses naming National Conference leaders Abdul Rahim Rather, Mubarak Gul, Sheikh Nazir and Syed Akhoon to have provided them employment mainly gardeners. 

 “One does not understand as to how trial court has come to the conclusion that criminal misconduct in the present case is made out against (Dar) and how he distinguished the judgment cited by the defence counsel in support of their case, “ a bench of Justice Ali Mohammad Magrey said.

One of the prosecution witnesses Bashir Ahmad Mir had deposed that in the year 1998, he was unemployed, and presented an application to his concerned MLA Abdul Rahim Rather for employment. He was Matric pass, but had not filled any form for employment.

“Thereafter, Rather sahib gave him the appointment order. For this appointment, he neither gave any interview nor gave any written test. He did not give any bribe money to anyone.”

 In cross-examination, he had deposed that 3-4 months after presenting the application before the concerned Minister, he got the appointment order which was handed over to him by “Rather sahib” at his residence. “He is permanent employee and at present receives salary under rules. After his appointment, he had received the training. He is Class IV employee,” the trial court recorded.

“The cumulative effect of the evidence on record by the prosecution, therefore, does not prove any nexus between the appellant (Dar) and the beneficiaries direct or otherwise. None of them is neither alleged nor proved to be of his relation, therefore, the charge against the appellant for having obtained pecuniary advantage for himself or for somebody else is just a feeble allegation which cannot stand the test of law,” the high court said.

The court said that there was no disagreement on the point that corruption has eaten the very vitals of society and it needs to be dealt with iron hands. However, the single bench said, the courts of law need to take extra care while fastening the criminal liability to avoid wrong implication of an innocent.

“The whole prosecution case is shrouded in mystery, confusion worst confounded, chain of links totally broken, therefore, on such type of evidence, I am not persuaded to hold that the accused is guilty.

“The trial court has wrongly drawn the conclusion de hors the available evidence. In my view, evidence has been totally mis-appreciated. Total doubtful position of the prosecution case inspires confidence that the guilt against the accused is not proved. Thus, the judgment passed by the trial court is unsustainable. For the doubtful situation, to hold the accused guilty is not warranted,” the court said.

 The Court of Special Judge, Anti-Corruption, Kashmir had convicted Darand sentenced him to simple imprisonment for five years under Sections 5(1)(d) r/w 5(2) P.C. Act. Svt.  2006.

The case was registered with Police Station, Vigilance Organization, Kashmir on 17 April 2002 in consequence to report appearing in media that the Director Horticulture had made number of illegal appointments of Class-IV employees without adhering to the set procedure and norms.

 It was alleged that Dar during his tenure as Director Horticulture from November, 1997 to June, 1998 made 121 appointments against Class-IV posts and also regularized services of 14 daily wagers.

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