HC directs DGP to identify competent ACB Police Stations in J&K; Orders appointment of senior officer to probe allegations
11/12/2025
JAMMU, Dec 10: The High Court of Jammu & Kashmir and Ladakh has directed the Director General of Police, J&K to identify Anti-Corruption Bureau (ACB) Police Stations competent to investigate offences under the Prevention of Corruption Act and to appoint an officer of the rank of Superintendent of Police or above to examine the legality of an FIR registered at Police Station Qazikund.
Justice Sanjay Dhar, while hearing a petition filed by Amandeep Singh, Inspector, ANTF, has also directed the Police Headquarters to file a detailed action-taken report on the next date of hearing.
The petitioner is the investigating officer in FIR No. 13/2023 relating to alleged NDPS, cheating, forgery and use of forged documents by a prime accused from Anantnag. It was contended through Mr A.K. Sawhney, Advocate (assisted by Mr M. Kashif Malik and Anil Kumar, Advocates) that the prime accused, Mr Ashraf Dar, later got FIR 186/2024 registered against the petitioner at Qazikund Police Station "as a counterblast" after warrants were issued against him in the NDPS matter.
Mr Sawhney argued that Police Station Qazikund is not among the eight notified Police Stations authorised to investigate ACB matters under Government Notification No. 20-07-2022, S.O. 231, which specifically earmarks territorial jurisdiction for ACB Police Stations at Jammu, Doda, Rajouri, Srinagar, Anantnag, Baramulla, Udhampur and the Central ACB.
He further submitted that:
o no prior sanction under Section 17-A of the PC Act was obtained before registration of the FIR against a public servant, and
o the law requires prior Government approval before investigation of corruption allegations against an officer acting in discharge of official duties.
In a strongly-worded order dated 03.12.2025, Justice Dhar observed that since the complainant in the Qazikund FIR is himself the prime accused in the NDPS case, there existed the possibility that the allegations might have been levelled to obstruct the ongoing anti-narcotics investigation.
"…the matter needs to be investigated by some senior officer of the Police Department having impeccable track record," the Court said, adding that entrusting such investigation to an Inspector was inappropriate given the seriousness of allegations and counter-allegations.
The High Court therefore directed the DGP to:
o appoint an SP-rank officer to conduct investigation in FIR 186/2024, and
o examine jurisdiction of Police Station Qazikund regarding registration of offences under the Prevention of Corruption Act.
It was also pointed out that despite directions issued earlier by Justice Rajnesh Oswal (order dated 11.09.2024 in CrM 477/2024), the case diary of FIR 13/2023 has not been produced. Justice Dhar recorded concern over non-compliance of those earlier orders.
The Court directed the official respondents to submit an action-taken report before the next date of hearing.
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