Jammu Tawi, April 29
Special Judge Anti Corruption Jammu, Sanjeev Gupta has granted interim Bail to Mr Anil John Dy. Secretary in Department of Floriculture, after hearing Aseem Sawhney Advocate, counsel for the petitioner who appeared today before the Court and made submissions. Court heard the Chief Prosecuting Officer for the Vigilance Organization Jammu and perused the CD file, thereafter granted interim Bail to the petitioner on certain terms and conditions and furnishing a bail bond of Rs 25,000. It was submitted by Aseem Sawhney that “Bail not Jail” is the rule and the complaint/ report in question pertains to the year 2008 and verification started in 2009 but till date no FIR was registered and after a lapse of about 8-9 years the FIR has been registered on trivial allegations which are not even misconduct under the Prevention of Corruption Act.
He cited the Judgments of Supreme Court of India especially Arnesh Kumar V/s State of Bihar wherein the Supreme Court has directed that in matters where the offence is less than 7 years the arrest shall not be caused. He cited that under Article 141 of the Constitution of India this judgment is binding on all Courts and authorities but the vigilance has caused the arrest without permission of the Court which is mandated in the celebrated judgment of the Apex Court. Sawhney submitted that arrest was illegal, and the petitioner is totally innocent and has been made a scape goat by the VOJ as he was nearing retirement. The Vigilance Organization Jammu had arrested the petitioner who was then Project Officer of Command Area Rural Development Agency (CARDA) Anil John, presently posted as Deputy Secretary to Flori-culture Department for making illegal appointments. Two FIRs bearing registration numbers 15/17 and 16/17 were registered at Vigilance Organization Jammu were registered on the prima facie establishment of offences on the part of above mentioned public servants. Petitioner has been arrested in FIR Number 15/17 by Vigilance Organization Jammu for questioning. After hearing both the sides and perusing the case diaries Spl Judge Anti Corruption granted interim bail to the petitioner. JNF
Jammu Tawi, April 29