Roshni Act controversy

The Act became the subject of widespread controversy, following the allegations against Kashmiri politicians, businessmen, and bureaucrats. Over time, the scheme was reportedly marred by alleged corruption, manipulation of revenue records, and illegal transfers of land, leading to significant public losses and political controversy. It is considered one of the biggest land scams in the history of Jammu and Kashmir.

In 2011, a controversy emerged over allegations of land grabbing in Jammu, initiated by a writ petition filed by professor S.K. Bhalla, then principal of Government Degree College, Mendhar. Bhalla accused several influential individuals, including politicians, bureaucrats, and police officers, of unlawfully occupying land in Jammu. His petition sought the establishment of a Special Investigation Team (SIT) to hold those responsible accountable. In 2014, three years after Bhalla's petition, Ankur Sharma, a law student from Kathua, filed a public interest litigation (PIL) before the Jammu and Kashmir High Court, challenging the legality of the Act.

Sharma's PIL sought the disclosure of the beneficiaries of the Act and the retrieval of over 2 million kanals of land, which he alleged had been unlawfully occupied by land mafias. The High Court probed alleged occupying land including cases involving 784 kanals of land in Gole village, 154 kanals owned by the Jammu Development Authority (JDA), and 66,436 kanals transferred to the government by the JDA. The court criticized local investigating authorities for their inaction and alleged collusion with those involved.

Background

The Roshni Act sought to 'illuminate' the state's finances—derived from the term 'roshni,' meaning 'light' in Hindi and Urdu—by channeling the proceeds from land sales into public welfare projects. This objective is reflected in its name, the 'Roshni Act.

The Act was introduced in 2001 by the government of Farooq Abdullah, the then chief minister of Jammu and Kashmir, with the stated goal of raising funds for power projects by selling state land to illegal occupants at market rates. The target was to raise an estimated ₹25,000 crore by regularizing unauthorized occupation of approximately 20.46 lakh kanals (over 1 million acres) of state land. During the period when the Act was introduced, Farooq Abdullah's National Conference was a constituent of the Bharatiya Janata Party (BJP)-led National Democratic Alliance (NDA). His son, Omar Abdullah, served as a minister in the government of the then prime minister Atal Bihari Vajpayee.

It allowed landholders, especially those occupying large tracts of government land illegally, to gain ownership by paying a fee determined by the government. Over time, amendments were made to the Act, particularly in 2005 by the government led by Mufti Mohammad Sayeed, which significantly reduced the fee that illegal occupants had to pay.

By 2007, the administration changed the scope of the Act to benefit a wider section of society, extending ownership rights even to commercial and agricultural landholders, as well as reducing the prices further.

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Allegations

The Roshni Act became a subject of scrutiny due to widespread allegations of corruption, fraud, and mismanagement. Political leaders, government officials, and other high-profile individuals were accused of illegally acquiring prime government land in Jammu and Kashmir at significantly undervalued prices.

The land records were deliberately manipulated or destroyed to facilitate illegal transfers of land. This led to questions about the authenticity of ownership claims by many beneficiaries. The land under the scheme was reportedly undervalued, with beneficiaries acquiring land at prices far below the market rate. This resulted in huge losses to the state exchequer.

It was alleged that several prominent political figures, including leaders of mainstream political parties, including the Jammu and Kashmir National Conference (JKNC), the Jammu and Kashmir People's Democratic Party (JKPDP), the Indian National Congress, and the leaders of People's Alliance for Gupkar Declaration in Jammu and Kashmir, were beneficiaries of the scam. This led to widespread accusations that the Act was used to reward political allies and supporters. Instead of reducing illegal encroachments, the Act was said to have encouraged further encroachments on state land, as occupants believed they could eventually regularize the land at low rates under the scheme.

While the Act was expected to generate ₹25,000 crore, the actual revenue collected was a mere ₹76 crore ( $9.12 million USD), suggesting the scale of alleged mismanagement and corruption in the implementation of the Act.

Investigations

In 2014, the Comptroller and Auditor General of India indicated serious irregularities in the implementation of the Roshni Act, particularly pointing to the involvement of officials in facilitating illegal land transfers and causing significant losses to the public exchequer.

The scam gained public attention and led to legal challenges in the Jammu and Kashmir High Court, where petitions were filed seeking the cancellation of illegal land transfers and prosecution of those involved.

In 2018, the Jammu and Kashmir government, under governor Satya Pal Malik, repealed the Roshni Act, stating that it had failed to meet its objectives and was being misused. The government also conducted a series of investigations and probes into the allegations of fraud.

CBI investigation

Following the High Court's order, the CBI began investigations into the scam, scrutinizing over cases of illegal land transfers. The CBI focused on identifying beneficiaries of the scam, including political figures, bureaucrats, and businessmen.

By late 2020, the CBI had filed multiple first information reports (FIRs) and charge sheets against individuals involved in the scam. The investigation was expected to uncover further evidence of corruption and mismanagement in the implementation of the Roshni Act.

The CBI in its investigation, suggested implicating Farooq Abdullah. As the architect of the Roshni Act, Abdullah is accused of illegally constructing the Alishan Bungalow in Sunjuwan area on land owned by the Forest Department, with reported costs running into crores of rupees. Additionally, his sister, Suraiya Mattu, allegedly benefitted from the Act by acquiring 3 Kanal and 12 marlas of land.

To formalize his land ownership under the provisions of the Roshni Act, Abdullah was reportedly required to deposit one crore rupees into the government treasury. However, records indicate that this payment has not been made to date. Abdullah is also accused of utilising the Roshni Act to secure additional land near the National Conference's office in Jammu and the Trust office in Srinagar. However, leaders, including Farooq and Omar Abdullah have consistently denied these claims, asserting that they have never obtained land under the Roshni Act.

High court rulings

In October 2020, the Jammu and Kashmir High Court declared the Roshni Act "unconstitutional" calling it "illegal, unsustainable, and contrary to law." The court ordered the government to annul all land transfers made under the Act, reclaim the land from illegal occupants, and publish the names of all beneficiaries.

The high court directed the Central Bureau of Investigation (CBI) to investigate the land allotments made under the Roshni Act and file criminal charges against those involved, including high-ranking officials and political figures. This indicated a significant turning point in the case, as the court took action against illegal beneficiaries and sought to recover state land.

Disclosure

As part of the High Court's order, the government was directed to publish the names of all individuals and entities who had benefited from the Roshni Act. This led to the release of a list of over 400 individuals who had acquired land under the scheme.

The disclosure of the names caused a major political stir, as it implicated several high-profile figures in the land scam.

Implicated politicians

In addition to Farooq Abdullah, his son Omar Abdullah, and his brother Sheikh Mustafa Kamal, several other individuals are accused of grabbing state land under the now-repealed Roshni Act, including politicians and their associates. Among those implicated are Haseeb Drabu, a former finance minister and former leader of the People's Democratic Party (PDP); K.K. Amla, a businessman and member of the Indian National Congress and member of Jammu and Kashmir Legislative Council; Nighat Pandit, the spouse of retired IAS officer Shafi Pandit; Syed Akhoon of the National Conference; M.Y. Khan, the former chairman of the Jammu and Kashmir Bank; and Sajjad Ahmad Kichloo, former minister of state for Home Affairs.

In November 2020, the Jammu and Kashmir administration accused government employees and businessmen including, Beli Ram, Ram Dass, and Ram Lal for illegally obtaining the land ownership. Other individuals who acquired ownership of encroached state land in Jammu—land that was physically occupied but not recorded in revenue documents—include Syed Akhoon, a leader of the National Conference, and Haroon Choudhary, and former National Conference leader Aslam Goni.

PDP leader Talib Hussain and the Mehbooba Mufti-led PDP office have been reportedly linked to the alleged occupation of three kanals of state land in Sanjuan, Jammu. Additionally, economist and former minister Haseeb Drabu, along with his family, reportedly own four kanals of land in Gogji Bagh, Srinagar. PDP's involvement reportedly occurred during the tenure of Mufti Mohammad Sayeed as chief minister of Jammu and Kashmir. Former bureaucrat Tanveer Jahan is also accused of acquiring one kanal in the Rajbagh, Srinagar, while former Congress treasurer and businessman K.K. Amla has been accused of acquiring 14 kanals of land under the Act in the Maulana Azad Road, Srinagar, where a hotel was constructed.

Baseer Ahmad Khan, an Indian civil servant and former divisional commissioner of Kashmir, has been accused of involvement in a multi-crore land scam dating back to 2009 with legal proceedings related to the case still pending.

Other notable beneficiaries such as Ghulam Mohi-ud-Din Malik, who served as speaker of the Jammu and Kashmir Legislative Assembly, along with retired bureaucrats such as Syed Mohammad Aga, who served as chief secretary of the erstwhile state Jammu and Kashmir, and Mohammad Shafi Pandit, former chairperson of the Jammu and Kashmir Public Service Commission are also accused of acquiring the state land. Retired judges such as Hakim Imtiyaz Hussain, a former judge of the Jammu and Kashmir High Court, and medical professionals such as Dr. Muneer Khan, one of the leading nephrologists of the union territory allegedly occupied the land under the Act.

Impact

The alleged involvement of political leaders and government officials led to significant political turmoil in Jammu and Kashmir.

The Roshni scam added to public distrust in the political and administrative machinery in Jammu and Kashmir. The Act, which was initially promoted as a public welfare measure, ended up becoming a prime example of alleged political corruption and cronyism.

The Act had a significant impact on residents of Jammu and Kashmir, particularly after the administration's decision to reclaim land allotted under the Act. Many individuals, including those from lower-income groups, acquired plots and invested in building homes and businesses. Investigations into the Roshni Act suggested alleged irregularities in the allotment process, such as the falsification of land records.

The government's decision to retrieve land affected individuals who had legally purchased property, raising concerns about potential displacement. Thousands of families, including those with official land documents, faced the prospect of losing their homes.

Later development

On 12 October 2023, the Supreme Court of India declined to examine appeals, citing both the government of Jammu and Kashmir and various beneficiaries under the Roshni Act had filed review petitions concerning the High Court's judgment issued on 9 October.

The decision was made by a three-judge bench, consisting of Justices N. V. Ramana, Surya Kant, and Aniruddha Bose, during a hearing of multiple appeals challenging the High Court's directive for a Central Bureau of Investigation (CBI) inquiry into the alleged scam.