Srinagar: A special court here has discharged senior PDP leader and former minister Naeem Akhtar Andrabi, along with two former officials of the Jammu and Kashmir Projects Construction Corporation (JKPCC), in a corruption case filed six years ago.
Special Judge (Anti-Corruption) Surinder Singh observed that a criminal court “is not to act as a post office or mouthpiece of the prosecution,” noting that the charges against the accused were “groundless.” The judge dismissed the chargesheet filed in 2021, stating, “No case for framing of charge against the accused is made out… their bail bonds shall stand discharged.” The order spans 27 pages and was passed on August 29.
The case originated in 2019 when the Crime Branch of J&K Police registered an FIR under various sections of the Prevention of Corruption Act against Andrabi, the then JKPCC managing director Vikar Mustafa Shonthu, and the company secretary, Neeru Chadha. The FIR followed allegations of irregularities in Shonthu’s appointment as chairman of JKPCC’s board of directors, which a government fact-finding committee described in its March 2019 report as “illegal and in gross violation of laid-down rules.”
The matter came to light after the PDP-BJP government fell in June 2018. The government sanctioned prosecution on April 22, 2021, and submitted a chargesheet alleging offences under the Prevention of Corruption Act and the Ranbir Penal Code.
The court noted that Andrabi, who was also serving as Works Minister at the time, could not be considered to have acted corruptly or abused his position. While some procedural lapses, such as improper notices for the 93rd board meeting, were identified, the judge said these did not constitute criminal offences.
“The material on record shows no evidence, direct or circumstantial, of prior collusion between the accused. An offence of criminal conspiracy cannot be established on mere suspicion or inference,” the court stated.
The judge emphasized that prosecution must present evidence to substantiate charges, and in this case, no prima facie proof was available. Consequently, offences under the Prevention of Corruption Act and any related sections of the RPC were dismissed.
“Considering the chargesheet, evidence on file, submissions of both parties, and legal provisions, there is no ground for proceeding against the accused,” the court concluded, discharging all three individuals.
