Srinagar: The Jammu & Kashmir and Ladakh High Court has quashed the FIR registered against a well known sportswoman and Physical Education Teacher (PET) Bilquis Mir who faced allegations of corruption and illegal promotion, KashmirDot reported.
The court ruled that the continuance of criminal proceedings would amount to an abuse of the legal process and termed the investigation a “witch-hunt” driven by vested interests.
As per report by news agency Kashmir Dot Com (KDC), the petitioner Mir had challenged FIR No. 23/2023 registered by the Anti-Corruption Bureau (ACB) Central Kashmir under Sections 5(1)(d) read with 5(2) of the J&K Prevention of Corruption Act and Section 120-B RPC.
The ACB alleged that she was appointed as a PET without acquiring the mandatory BP.Ed qualification, received pay upgrades unlawfully during her deputation to the J&K Sports Council, and was elevated to the position of Incharge Executive Director of the Water Sports Centre in violation of rules.
Justice Sanjay Dhar noted that three main allegations had been levelled: failure to obtain the BP.Ed qualification; grant of a higher pay scale during deputation; and promotion to a senior post while peers remained in junior positions. The court found all three claims baseless, report said.
As per report on the BP.Ed issue, the court observed that while the petitioner had not completed the degree even as of date and only obtained graduation in 2020, she had been continuously deputed to national duties as a coach and official. The court emphasized that she was appointed under SRO 349 of 1998, which allows the government to appoint outstanding sportspersons to non-gazetted posts even without standard qualifications.
“If a person is serving the nation in international sports platforms, she cannot be punished for not undergoing a routine course like BP.Ed,” the court stated. “Such national duties are far more important and valuable.”
Regarding the second allegation, the court ruled that the petitioner’s deputation to the Sports Council was in public interest, and under J&K Civil Services Regulations, she was entitled to opt for the pay scale of the deputation post. The petitioner had received an offer from the Sports Authority of India in 2014, and to retain her services, the J&K Sports Council revised her pay with due approval from the then Minister for Sports.
“This was not a backdoor benefit but a legitimate administrative decision,” the court said in a twenty page judgement, a copy of which lies with Kashmir Dot.
The court also dismissed the third allegation that her appointment as Incharge Executive Director was illegal saying it was approved by the Advisor to the Governor and involved no pecuniary benefits. “It was a designation change, not a promotion,” the court clarified.
Highlighting her achievements, the court noted that the petitioner had represented India in the 2009 World Cup, served as National Coach for the London Olympics (2012), and was nominated for officiating duties at the 2024 Paris Olympics and Paralympics — a rare honour. She has also received the Sher-i-Kashmir Award and the Women Achievers Award.
“The attitude of the Investigating Agency in criminalizing non-acquisition of a qualification while ignoring the national contributions of the petitioner speaks volumes,” the court remarked sharply. “Instead of honouring her, she has been harassed. This country fails to build a sporting culture because we punish achievers instead of encouraging them.”
The court criticized the ACB for “wreaking vengeance” and attempting to even question how her exam answer sheets were evaluated. It observed that “this case is a classic example of witch-hunt by vested interests.”
Citing abuse of legal process, the court invoked Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and quashed the impugned FIR. (KDC)