Alfaaz- The Words
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Srinagar: A Court in Srinagar has sentenced an Indian System of Medicines (ISM), Ayush, to two years of imprisonment besides levying on him a fine in tune of rupees fifty thousand in a high-profile bogus RTI and impersonation case.
The Court of 2nd Additional Munsiff in Srinagar, convicted Dr. Zahoor Ahmad Tantray, a government ISM doctor, under Sections 419 (cheating by personation) and 471 RPC (using forged documents as genuine) RPC) for filing fraudulent RTI applications under false identities, including names of various individuals and his landlord’s son.
The case came to light following a complaint from the Director of Indian Systems of Medicine (ISM), who reported Dr. Tantray’s misuse of RTI filings to obstruct a departmental inquiry and pressure government officials. Forensic analysis, including handwriting comparisons, played a crucial role in establishing the authenticity of the evidence against him.
Despite the defense’s attempts to dispute the forensic results, the Court found the evidence conclusive, underscoring the severe consequences of abusing the RTI Act. Dr. Tantray was sentenced to two years in prison—one year for each of the two offenses; with the sentences to run consecutively. Moreover, he was fined ₹50,000, and failure to pay this fine will result in an extra three months of imprisonment. This case serves as a stern reminder of the legal repercussions for misusing the RTI process
Case History:
On August 28, 2024, the Court of the 2nd Additional Munsiff, presided over by Ahtzaz Ahmad, delivered a conviction in a high-profile case involving Dr. Zahoor Ahmad Tantray, a Medical Officer with the Indian Systems of Medicine (ISM). Dr. Tantray was found guilty of “cheating by personation” under Section 419 and “using a forged document as genuine” under Section 471 RPC
The case dates back to October 30, 2013, when the then Director of ISM reported Dr. Tantray’s misconduct. It was revealed that Dr. Tantray, who was residing in rented accommodation in Bemina, had been transferred from Unani Dispensary Gulab Bagh to Unani Dispensary Khanaid in Udhampur due to his behavior. He had used false identities to file RTI applications, falsely attributing them to Muzafar Ahmad Ganaie, and presented these documents as legitimate.
The prosecution, led by Additional Public Prosecutor (APP) John Muhammad, argued that Dr. Tantray’s actions had not only deceived ISM officials but also disrupted departmental processes by filing RTI applications under various aliases to evade departmental inquiry and to pressurise his superiors.
The court found the evidence sufficient to convict Dr. Tantray, concluding that his fraudulent activities were clearly established beyond a reasonable doubt.
Prosecution’s Argument:
During the sentencing phase, Additional Public Prosecutor (APP) Mr. John Mohammad urged the court to impose the maximum sentence, arguing that the severity of the offenses warranted stringent punishment. He emphasized that Dr. Tantray’s actions undermined public trust and the RTI process. The prosecution also referenced Dr. Tantray’s alleged history of similar offenses as justification for a severe sentence.
Defense’s Argument:
Dr. Tantray’s defense counsel, Adv. Ms. M.A. Peerzada, argued for leniency. The defense highlighted Dr. Tantray’s approaching retirement, his age, and his family circumstances, including caring for an elderly, ailing mother. They also contested the claim of a criminal history, asserting that Dr. Tantray had been involved in legal proceedings since 2013 and that no substantial evidence of prior criminal activity was presented.
Court’s Verdict:
a) “For the offence under section 419 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.
b) 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.
The convict shall serve the sentence at Central Jail, Srinagar and the abovementioned sentence 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. Incharge, Central Jail, Srinagar is directed to lodge the convict accordingly. Registry shall ensure that a docket in this regard is issued to Incharge Central Jail Srinagar, the court said in its judgment۔
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