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Srinagar- Observing that filing RTI application under somebody else’s name is a crime which affects public in general, a court here on Wednesday sentenced a medical officer from Indian Systems of Medicine (ISM) to two years in jail and imposed Rs 50000 as fine on him.
The sentence was announced by the court a day after convicting the medical officer of offences on charges of cheating by personation by filing RTI application in the name of another person and using the same as genuine document.
“Filing RTI applications under the umbrella of somebody else’s name is a crime which not only affects the officials of the ISM department or the persons so impersonated in particular but also the public in general,” 2nd Additional Munsiff, Ahtzaz Ahmed, had said while sentencing the medical officer, Dr Zahoor Ahmad Tantray of Kupwara, for offences punishable in terms of RPC sections of 419 (cheating by personation) and 471 (using genuine as genuine a forged document).
“For the offence under section 419 of the RPC, simple imprisonment of 1 year along with a fine of Rs 25000/- (Rupees twenty-five thousand only) is imposed upon the convict. In default of payment of Rs 25000/-, the convict shall further undergo 3 months imprisonment besides the primary sentence,” the court said, adding, “For the offence under section 471 of the RPC, simple imprisonment of 1 year along with a fine of 25000/- (Rupees twenty-five thousand only) is imposed upon the convict. In default of payment of 25000/-, the convict shall further undergo 3 months imprisonment besides the primary sentence.”
However the court said that both sentences shall run “consecutively” and the detention imposed earlier on the convict during the investigation proceedings and the case proceedings shall be set off from the total sentence of 2 years or 2 years 6 months (in case of default of payment of fine) whatever the case may be.
The court announced the sentence a day after convicting the 50-year-old medical officer.
“The prosecution has proved its case beyond any reasonable doubt to the extent that the accused had cheated the officials of department of ISM by pretending to be Muzafar Ahmad Ganaie by filing an RTI application in his name and thereby using a forged document as genuine,” the court had said.
The case was filed on 30-10-2013 on the basis a communication received from the then Director, Indian Systems of Medicine, stating that the accused, putting up in a rented accommodation in Bemina Srinagar, was transferred from Unani Dispensary Gulab Bagh to Unani Dispensary Khanaid, Udhampur because of his “misconduct”. Also it was reported that the medical officer was harassing the officials of the department by filing the RTI applications using different names so that he could escape from the “departmental enquiry” and could pressurize the officers of the Department.
As per the communication, the department grew suspicious on receipt of chain of RTI applications on “stereotype readymade proforma” filed by impersonating different persons.
The medical officer, as per the communication, had filed one of the applications in the name of Muzaffar Anwar Ganie who happens to be the son of the owner of the house where the doctor was residing.
The department sent a copy of RTI application to Muzaffar Anwar Ganie who on its receipt contacted the department and refused to have sought any such information.
Similarly, the communication said, another RTI application in the name of one Mohammad Ashraf Ganaie was received against the officers who were conducting an inquiry against Dr Zahoor Ahmad Tantray.
The communication alleged that Dr Zahoor actually wanted to escape from the departmental enquiry by harassing and causing distress to the officers and employees of the department.
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