The Jammu and Kashmir and Ladakh High Court has dismissed a criminal defamation complaint against BJP leader Khalid Jahangir filed by senior Peoples Democratic Party (PDP) leader and former minister in the then Jammu and Kashmir coalition government Naeem Akhtar.
The complaint was lodged in 2018 by Naeem Akthar against Khalid Jehangir, who in his capacity as vice-chairman of the Jammu and Kashmir Project Construction Corporation (JKPCC) has written a letter to the then-Governor of the erstwhile state of J&K N N Vohra.
In his letter addressed to the then Governor by Jehangir on 21-6-2018 raised many issues pertaining to the illegal allotment of work to many companies.
The letter alleged allotment of various prestigious projects to their favorites without tender and due process on oral instructions.
Jahangir had levelled allegations of "corruption and favouritism" against a "close aide" of the former chief minister of the erstwhile state of Jammu and Kashmir Mehbooba Mufti.
Jahangir alleged that the then Works Minister on verbal directions has allotted prestigious projects of high importance to some blue-eyed persons who do not have experience in the construction field without tenders or following the codal procedure.
These projects include ―the Medical College Anantnag, the Government College of Engineering and Technology at Safapora and Kathua, The projects entrusted to JKPCC under World Bank funding, and many more.
The works of high magnitude are being allotted to these persons in violation of rules and regulations while the works of very meager magnitude are subjected to e-tendering to befool the masses.
It is not a case of defamation, observes Court
Justice Javed's bench said, to constitute a case of defamation, the act must be done to cause harm to a person. In this case, there is sufficient reason to believe that it is not a case of defamation. Ultimately, the court dismissed the complaint filed by Akhtar.
Earlier in 2021, the High Court quashed the defamation proceedings pending before the court of Chief Judicial Magistrate, Srinagar against a news channel for broadcasting the same case.
"Having carefully watched the news programme contained in the compact disk attached to the complaint, I do not find any imputation or any allegation having emanated from the presenters of the news programme. The anchors and the presenters only repeatedly referred to the letter of Khalid Jahangir and read out contents," the judgment said.
