Important Point—Prohibitory and attachment order relating to property can be passed by an officer not below rank of Superintendent of Police.

1. Petitioner is aggrieved of prohibitory order, passed by respondent no. 4 Superintendent of Police (ABP), Vigilance Organization, Kashmir (hereinafter referred to as VOK) Srinagar issued vide no. SP(ABP)/11-FIR-312-19 dated 01.03.2011 prohibiting the petitioner inter alia that she should not sell or transfer her property viz two storeyed residential house raised over 01 kanal and 14 marlas of land situated at Iqbal Colony Rawalpora, Srinagar and attachment of the said residential house of the petitioner issued in terms of order no. SP(ABP)-FIR-37/2010-10-11-15 dated 22.06.2011, and challenges the same on the grounds detailed out as under:

“(a) That the petitioner has purchased the land out of her own funds in the year 2008 as is evident from the extracts of Jamabandi and Girdawari when the owner of the land measuring 14 Marla covered by Survey No. 937 min situate in Mouza Rawalpora Tehsil South, obtained extracts for sale of the land in favour of the petitioner. The petitioner had paid substantial amount of consideration at the time the bargain was struck with the vendor, Mohammad Shahnawaz. Sheikh, in September, 2008. The petitioner had started construction of the house immediately thereafter in the year 2008 and had completed it in the first quarter of 2009. The sale deed was formally executed on 20-09-2009 though petitioner had by that time constructed the house and occupied it for residential purposes from 1st week of April 2009 as is evident from the electric connection provided to her by the Electric Department through Installation No. 30475 and ID No. 11603. The case has been registered at Police Station Awantipora as FIR No. 174 in the year2010.According to the information available to the petitioner, which information she believes to be authenticated and correct, the amount of award was for the first time drawn from the Bank in the name of Showkat Ahmad Dar in May 2009. The petitioner or her husband are not involved either with the acquisition of the land or the distribution of amount of compensation nor has any part of their land been acquired for the fourlanning National Highway. The petitioner and her husband can, therefore, in no way be involved in the commission of offences punishable under section 5(1)(c), 5(1)(d) read with section 5(2) of Prevention of Corruption Act and Section 1208-B, 409, 468, 471 RPC. The allegation of conspiracy leveled against them is also an afterthought and baseless. The petitioner had completed the residential house and started living in it much before the alleged offences are stated to have been committed by the Collector in association with other officers. The investigating Officer has suppressed the relevant fact with regard to the purchase of land and the construction of the house on Survey No. 937 min with an oblique motive so as to gain publicity and render the petitioner houseless. In this behalf the Investigating Officer in the impugned order has made a very vague allegation/statement that during investigation, accused Farukh Jehanzeib has been found to have purchased the properties in the year 2009-10 out of the misappropriated funds that has allegedly fallen to his kitty through Showkat Ahmad Dar. No details of any kind are given with regard to these purchases. However, in Para 12 of the order it has been stated that the accused Farukh Jehanzeib has purchased land measuring 1 Kanal 14 Marla under Survey No. 937 and 931 min in the name of his wife Tanweera Gul and constructed a palatial house over it and the money for the purpose has been found channeled from the misappropriated amount. This statement is also vague with no details provided in regard to the period of purchase, including month or the year in which the land was purchased. The construction of the house finds mention in Para 13 of the order by saying that said house was constructed in the year 2009-T