Court convicts former Girdawar in 2008 bribery case

Srinagar, Aug 18: The Special Judge Anti-Corruption, Pulwama, Dr. Noor Mohammad Mir, Monday sentenced former Girdawar Ghulam Hassan Kumar in a 2008 bribery case.
The Court awarded simple imprisonment of three years and six months with Rs. 20,000 fine under the J&K Prevention of Corruption Act, and one year’s simple imprisonment with Rs. 10,000 fine under Section 161 RPC. Court said that these sentences will run concurrently.
The Court observed that corruption is not a victimless crime, describing it as a malaise that erodes public trust, diverts public funds, and entrenches inequality.
“The consequences of corruption are far-reaching. It distorts governance, diverts public funds from developmental priorities and entrenches inequality by allowing influence and wealth to dictate outcomes where merit and fairness should prevail. For the honest citizen, corruption becomes an oppressive barrier, a toll exacted at every gate of opportunity, whether for securing a job, obtaining basic civic enmities or accessing justice,” the court observed while referring to various Supreme Court judgements.
Court said that when a public servant abuses entrusted authority for personal gain, it amounts to a betrayal of constitutional trust.
“In cases such as the present one, where the acceptance of illegal gratification by a public servant is established through credible evidence, the act transcends individual immorality. It sends a corrosive message to society that power is a commodity for sale and official duty is a tradable service. Left unchecked, such conduct erodes the legitimacy of public institutions, breeds cynicism among the governed and ultimately threatens the stability of the state,” it observed.
The Court further said that proven acceptance of illegal gratification by a public servant sends a corrosive message that power is for sale.
It observed that the legislature through stringent provisions of the Prevention of Corruption Act and allied penal statutes has made it unequivocally clear that such behaviour cannot be tolerated. “The courts as guardians of the law bear the solemn duty of enforcing these mandates with firmness. A measured but resolute judicial response to proven cases of corruption not only punishes the wrongdoer but also serves as a deterrent affirming to society that public office is a sacred trust not a private business,” it added.
Rejecting the defence’s plea to disbelieve the prosecution on alleged inconsistencies, the Court observed that minor discrepancies are natural and do not dent the core evidence.
The court also rejected the theory that the money was meant for the Patwari, clarifying that even accepting gratification for another public servant falls within the mischief of Section 161 RPC and Section 5(1)(d) of the J&K PC Act.
Holding that the demand and acceptance stood proved beyond reasonable doubt, the Court convicted Kumar under Section 5(2) read with 5(1)(d) of the J&K Prevention of Corruption Act, 2006, and Section 161 RPC.
The Court cancelled bail bonds of convicts, ordered concurrent sentences, set off any pre-trial detention, and directed issuance of the jail warrant.
As per prosecution, the case arose from a written complaint filed on June 16, 2008, leading to a vigilance trap at a Patwar Khana in Shopian where investigators recovered the tainted currency from the back pocket of the accused’s trousers; the hand-wash and pocket-wash tests turned positive, and contemporaneous memos were prepared on the spot. (KNO)