On November 23, in the Gulmarg land scandal of 2009, after a fresh indictment by the Anti-Corruption Bureau (ACB), the Special Judge (Anti-Corruption) Baramulla began hearing the final arguments on framing of charges against Baseer Ahmad Khan, advisor to J&K Lieutenant Governor.

Special Judge (Anti-Corruption) Naseer Ahmad Dar, in June this year, had directed the ACB to further investigate the case. Last month, the agency had filed a report, indicting Khan once again in the case.

As the ruling BJP has called its government’s action to nullify Roshni Act a surgical strike against the corrupt of J&K, this case involving the top functionary in the current government has grabbed attention. The Gulmarg land scandal is one of the high-profile cases in the J&K where top officials were booked for allegedly violating the Roshni Act to transfer state land to private persons.

In 2009, the State Vigilance Organization, now known as ACB, had registered a case against 20 people, including Khan, the then Baramulla Deputy Commissioner, and six other top bureaucrats, for allegedly misusing their official positions to transfer state land in Gulmarg, earmarked for development of tourist infrastructure, to private parties. This act of transfer, the agency had said, was in violation of the J&K State Lands (Vesting of Ownership to the Occupants) Act, 2001 or Roshni Act.

Baseer Ahmad Khan, who was arrested on September 23, 2013 on charge of corruption and granted bail the same day, went on to become Divisional Commissioner, Kashmir. He was given an extension by the current government after superannuation. Subsequently, he was named Advisor by the Centre in March this year.

Many have been left red-faced in the administration of the union controlling the UTs, because of the indictment by the ACB. It is because the BJP has been claiming success in its fight against corruption, especially after the abrogation of J&K’s special status last year. However, the GOI has maintained a complete silence on the issue.

In 2018, the Roshni Act was scrapped by the then Governor Satya Pal Malik soon after central rule was imposed in J&K. The J&K High Court in its judgment last month had called the manner in which ownership of state land was transferred under this law “loot to own”. The court transferred the probe to CBI and specifically asked it to “fix the responsibility and culpability of the persons who were at the helm of affairs.” The current government has announced that it would implement the court order and has initiated steps to retrieve the land.

The author is a member of Amity center of Happiness