The High Court of Jammu & Kashmir and Ladakh quashed an FIR and all subsequent proceedings against Bilquis Mir, a decorated national sportswoman and coach, holding that the prosecution amounted to a “witch-hunt” and an abuse of process.
The case originated with a petition challenging an FIR registered by the Anti-Corruption Bureau, Central Kashmir, under Section 5(1)(d) read with 5(2) of the J&K Prevention of Corruption (“PC”) Act and Section 120-B Ranbir Penal Code (RPC). The action was triggered by allegations that the petitioner had failed to complete a B.P.Ed. (Bachelor in Physical Education) course, a technical qualification required as a condition of her appointment as a Physical Education Teacher (PET) in 2009, and that she received undue advancements in pay and designation subsequent to her appointment.
The petitioner maintained that the core allegation, if true, amounted to at most a breach of appointment conditions, not any kind of corrupt misconduct. She further asserted that her inability to complete the B.P.Ed. was due to national service commitments, which including coaching stints for Olympic teams; and that the government retained the discretion to waive such requirements for outstanding sports talents.
The Bench comprising Justice Sanjay Dhar found that the case rested on misconstrued legal standards. It held that mere non-fulfilment of a technical condition of service did not constitute criminal misconduct or corruption as defined by Section 5(1)(d) of the PC Act. The Court clarified that the discretion granted to government under the Appointment of Outstanding Sports Persons Rules, 1998 allowed for appointments without such qualifications in cases involving national interest considerations.
The Court meticulously reviewed the factual background, underscoring that Mir’s deputation, salary upgradation, and designation as Incharge Executive Director were all duly sanctioned by competent authority and accompanied by legitimate reasoning, specifically her unmatched service and achievements that brought laurels to the country.
The Court noted at para 29
This attitude of the respondent clearly smacks of wreaking vengeance upon the petitioner. The present case appears to be nothing but a witch-hunt launched against the petitioner by vested interests
In result, the Court categorically quashed the FIR and all criminal proceedings as “nothing but an abuse of process”, warning against the perils of harassing distinguished sports personalities over technicalities.
For the Petitioners: Mr. Najmi Waziri, Sr. Advocate, with Mr. Khowaja Siddiqui, Mr. Surjeet Andotra, Mr. Manik Antal, Advocates; Mr. R. A. Jan, Sr. Advocate, with Ms. Humaira Sajad, Advocate.
For the Respondents: Mr. Mohsin Qadiri, Sr. AAG, with Ms. Nadiya Abdullah, Assisting Counsel.