Roshni Scam/Roshni Case: An 11 Points Fact-Sheet
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Lot of misinformation on Roshni Case is doing rounds on social media. We present you a factual, chronological and true picture of the entire episode based upon Court record & after speaking to the Petitioner/Advocate Ankur Sharma (President IkKJutt Jammu Party).
1. In 2014, a CMP 48/2014 was filed by Ankur Sharma; Advocate & President IkKJutt Jammu Party in J&K High Court seeking CBI Probe in Rs. 25,000 Crore Roshni Land Scam. The figure of Rs 25,000 Crores was calculated by CAG in its periodical report of the year 2014.
2. PIL 41/2014 titled Ankur Sharma V. State of J&K & Ors. challenging the Constitutional Validity of the Roshni Act & retrieval of State Lands from unauthorised occupants was filed and argued by Ankur Sharma (Advocate & President IkKJutt Jammu Party).
3. In 2014, by virtue of an Interim Order passed by Division Bench of JK High Court headed by the then Chief Justice Mr. M.M Kumar the operation of the Roshni Act was stayed on account of submissions advanced by Ankur Sharma during the course of hearing in PIL 41/2014.
4. By virtue of an order dated 18.02.2018, the J&K High Court after hearing Ankur Sharma passed a blanket ban on Roshni Properties severely affecting Roshni beneficiaries (those who had been granted ownership rights of State Lands under the Roshni Act).
5. Following this serious development, the then Governor Satya Pal Malik on directions from Union Home Ministry & in order to protect Roshni Beneficiaries came out with a Roshni Repeal & Savings Act 2018. The Roshni Act was Act repealed prospectively BUT it had a provision saving and protecting all the existing Roshni beneficiaries. The Repeal Act provided as follows: “The Roshni Act stands repealed today. No New applications under the Act shall be entertained henceforth. Pending applications if any shall be abated. All those who have been given ownership of State Lands under the Roshni Act are protected. Their ownerships are safe and final”.
6. Aggrieved of this Savings Clause, Ankur Sharma again filed a PIL in J&K High Court at Jammu Numbered 06/2019 titled Ankur Sharma V. State of J&K and Ors. seeking declaration of this Savings clause as unconstitutional. The thrust now was to get the Roshni Act declared unconstitutional ab-initio (from the very beginning) so that State lands could be retrieved back from each and every unauthorised encroacher.
7. Accordingly, all these petitions i.e. PIL 41/2014 (Petition seeking annulment of Roshni Act); PIL 06/2019 (Seeking Annulment of BJP Govt’s Roshni Saving Act); CMP 48/2014 (Seeking CBI Probe in 25K Crore Roshni Scam); PIL 19/2011 (Filed by Prof SK Bhalla bringing to fore specific instances of Land encroachment) were clubbed and heard together.
8). By virtue of J&K High Court’s Final Judgment dated 09.10.2020:
a). The infamous Roshni Act was declared unconstitutional ab initio;
b). 25,000 Crore Land scam was handed over to CBI for investigation;
c). Saving Clause of BJP Govt’s Roshni Repeal Act 2018 protecting ownership of Roshni Beneficiaries was made redundant;
d). All mutations attested under the Roshni Act were cancelled. The State Govt was directed to retrieve back all State Lands given away to encroachers since 2001.
9). Instead of implementing the HC Judgment essential for reversing Land Jihad/Demographic Invasion of Jammu Province, BJP Govt in December 2020 filed a Review Petition in JK High Court seeking review of the Roshni Judgment and stalled its implementation. BJP Govt through its Review Petition essentially seeking permission from the High Court to bring-in a new scheme for regularising small/mid-sized encroachments. This essentially means facilitating Demographic Invasion of Himalayas/Sanatana/Jammu Province.
10). In 2020, the BJP Govt in Supreme Court through SGI Tushar Mehta gave assurance that the Govt will not take any coercive action against Roshni beneficiaries. The Court didn’t pass any interim order. However, the Govt voluntarily got this statement recorded in the Apex Court.
11. Owing to sustained pressure of standing Roshni Judgment and pressure exerted on the Govt by the petitioner, the recent Anti Encroachment Drive in line with Directions of HC in Roshni Judgment reluctantly started. Owing to pressure from Muslim establishment, the drive now has been put on hold on the directions of BJP Govt at the centre. It was widely reported in newspapers (front pages) that the anti encroachment drive has been stoped on the directions of Central Govt (Home Ministry & PMO). J&K figures at the top in the list of States/UT where BJP is starting its Muslim Outreach programme for 2024 elections.
